Case Information
*1 ' , I
WRIT NO: WR-83,012-01 RICARDO SANCHEZ MANCILLAS
Relator,
vs,
SID HARLE
Respondent,
RULE 2. TEXAS RULES GF APPELLATE PROCEDURE,
FOR SUSPENSION WITH AFFIDAVIT IN. SUPPORT: TO THE HONORABLE JUDGE OF THE COURT OF CRIMINAL APPEALS:
Comes now,· RICARDO SANCHEZ MANCILLAS, Relator-Undersigned, and file this his motion for Suspension with Affidavit in support, in the said above caption, and will show the Court the followings; I.
. JURISDICTIONS: Pursuant to; Rule 2. of the Texas Rules of Appallate Procedure, and Article 5, Section 5, of the Texas Constitution, th~s Court has jurisdiction for suspending another principle upon the showing of cause;
II. PARTIES: Relator; Mancillas, (sentence to 17-years by a grand-jury) for Robbery c h a_ r g e (enhanced) in cause number ; 2 01 2- C R- 0 0 ~-~ s an State inmate currently incarcerated in the Texas Department of Criminal Justice Institution; Dalhart Unit (TDC). ' : .;
Respondent.; Harle, (Honorable judge) is located at; 226TH Judic ial District Court, of Bexar County, Texas.
III. FACTS, AND PROCEDURAL HISTORY: On Februar~ 05,2015, in the 226TH Judicial D~strict Court, of Bexar County Texas, the assistance Criminal District Attorney; Jay Brandon, filed a state response to application for writ habeas ·corpus, *(Relator Motion to Suspend)*
I ' : \ which fail to notify the relator; Mancillas, of the lack "verifi cation."
On March 11,2015, Respondent; Harle, then filed an "Order" to dismiss relator; Mancillas, Application for writ of Habeas Cor- pus, for want "verification."
On March 1 6, 2015, The Court of Criminal Appeals· Clerk; Abel Acosta, received relator; Mancillas, Application for w.rit of Habeas Corpus, with-.out proper notice to Amend the "verification" to the lower Courts.
JiV. SHOWING ITF CAUSE FOR SUSPENSION: To avoid filing a second Application, writ of Habeas Corpus to the lower Court of Bexar County Texas, relat6r; Mancillas, is exercising due diligence with this Court under; Rule 2. of the Texas Rules of Appellate Procedure, to suspend; Rule 9.3(b), of the Texas Rules of Appellate Procedure, inorder to file "one" original Amended Application, for writ of Habeas Corpus "verif~caton" with motion to leave.
On the other hand. Relator; Mancillas, attach to this pleading, his declaration inorder to prove cause. Relator; Mancillas, also apologize to this Court of the TDC official's prohibiting inmate's to have access to the printer, which is beyond my ~ontrol.
v.
PRAYER: THEREFORE: Relator; Mancillas, prays the Court to grant his motion to suspend RULE 9.3(b), of the Texas Rules of Appellate Pro- Respectfully submitted, cedure,.
. .~ ,Ja4W~ ?ttuvb MR. RICARDO~~HEZ MANCILLAS TDC NO# 181 9352 *(Relator Motion for Suspend)*
VI. CERTIFICATE OF SERVICE: I, hereby certify that, a true copy of the foregoing; relator; Mancillas, motion to suspend with Affidavit in support, has been· ' District Clerk; sent to the following add~esses; Bexar County Tex~s, Donna Kay McKinney, at; 101 W. Nueva, Suite 217, San Antonio, Tx 7820~/District Attorney; Nicholas Lahood, at; Paul Elizondo Tower, 101 W. Nueva, San Antonio, Tx 78205/ Court of Criminal Appeals Clerk Abel Acosta, P.O.BOX 12308, .Capitol Station, Austin, Tx 78711.
Executed date; March 25,2015 Respectfully submitted, ~A~~~ MR. RICARDO ~A~'z MANCILLAS TDC NO# 1819352 *(Relator Motion to Suspend)* Page 3 of 5,
WRIT NO# WR-83,012-01 RICARDO SANCHEZ MANCILLAS §
Relator, vs, § IN THE COURT OF CRIMINAL APPEALS
OF THE STATE OF TEXAS SID HARLE
Respondent,
ORDER: On this day came to be heard, the foregoing relator; Mancillas, motion to suspend with Affidavit in support, and it appears to this Court that, i~ has merits.
IT IS THEREFORE ORDER~D: that the Rule 2. of the Texas Rules of Appel~ate Procedure, is gr~nted to Supend Rule 9.3(b), of the Texas Rules of Appellate Procedure,. inorder to file one original Amended writ of Habeas Corpus Application for want "verifica-tion."
IT IS THEREFORE FURTHER ORDERED: that the clerk of this Court shall notify to all paities of this rulirtg being granted.
SIGNED on this the day of , 2015. ------------------------- ------- PRESIDING JUDGE *(Relator motion to Suspend)*
*5 RELATOR: MANCILLAS, AFFIDAVIT IN SUPPORT FOR SUSPENSION: *6 . .. §
IN THE STATE OF TEXAS WRIT NO# WR-83,-012-01 COUNTY OF HARTLEY A F F IDA VI T :· BE IT A~KNOWLEDGED that I, RICFRDO SANCHEZ MANCILLAS, the undersigned affiant, being of legal age, sound of mind, and able to make this affidavit, do hereby say under oath the followings; 1),I am incarcerated in the Texas Department of Criminal Justice
Institution; Dalhart Unit, of Hartley County Texas; 2), TDC official's at the Dalhart Unit Law Library, will not
allow me to make copies of my legal documents; 3), I am a lay-man at law, as I need time to prepare the Amended
writ of Habeas Corpus Application with "verification:" 4), The Bexar County Texas, assistance District Attorney; Jay
Brandon, did not notify me of the lack "verification" irn the writ of Habeas Corpus Application on February 05,2015; 5), On March 11,2015, justice; Sid Harle, d.iril not give me time td
correct the "verification:"
DECLARATION: I, declare under the Pen~lty bf Perjury, that the said above fore-· going is true and conrect to the best of my knowledge,·. as this affi davit is freely made, presented to; V.T.C.A. TEX, CIV, PROC, REM, CODE§§ 132.00~ and 132.001~ and 28,U.S.C§ 1746.
Executed date; March 25,2015 Affiant; ~Jtffl~ff'~ MR. RICARDO SANCH ~ILLAS TDC NO# 1819352 *(Relator Motion to Suspend)*
Page 5.of 5,