History
  • No items yet
midpage
Stanley, David Earl
WR-79,299-02
Tex. App.
Mar 2, 2015
Check Treatment
Case Information

*1 IN The Court of Criminal A ppealls of Texas

No. WR-79,299-231300000, DEHICO DATE: 2304

Ex Parte Daved Earl Stanley, Applicant

on Application for a writ of Habeas Corpus Cause No. 191978 in the 4/12/28 District Court from Polk County

Motion for The Court of Criminal Appeals To Grant Applicants' Prayer for Relief as Reyvested in his pending Application for writ of Habeas Corpus pursuant to Texas Code of Criminal Procedure, art 11.07

Paladar/Applicant Daniel Earl Stanley, in Pa Se, IN Support of this Motion would Shaw This Honorable Court the following: (1.) An Application for writ of Habeas Corpus was presented to this Court, by the Triatoclerk on October 6, 2014; (2.) On November 26, 2014, this Court, for Curiam, entered an order directing the Trial Court to "Order Applicants Trial Counsel to respond to Applicants claim of ineffective assistance of Counsel." (3.) This Honorable Court also ordered that the Trial Court could rely on its personal recolllections pursuant to Tear Code of Criminal Procedure, art 11.07342) even though the Trial Tudge

*2 (iv) This matter is retired from the Bench for 2 years. (v) This Court further ordered that the Trial Court"mate findings of fact and conclusions of Law as to whether the the performance of Applicants trial counsel was deficient and, if so, whether Convially deficient performance prejudiced Applicant." This Court also ordered that the trial Court"shall also make any other findings of fact and conclusions of Law that it deems relevant and appropriate to the disposition of Applicants claim for habeas Corpus." (5) This Honorable Court further ordered that the Application would be held in abeyance until the Trial Court has resolved the fact issues" and that"The issues shall be resolved within 20 days of this order" (Nov. 26, 2014) (6) As of February 24, 2015, that 20 days have passed and the Applicant has no Knowledge of the Trial Court Complying with This Court's orders. (7) The Trial Court has done nothing to comply with this Court's orders and, by its failure to respond and resolve these issues before this Court, Applicant believes the Court has thereby admitted that the claims, assertions and facts as stated within the Application are to be considered as true, accurate and correct and extolling the Applicant to the reliefought. (8) To this Applicants Knowledge, the Trial Court has not requested an extention of time to comply with this Court's orders and any such extention would be against the interest of Justice. (9) This Motion is made in Good-Fifth and in the indepaste of Justice.

Conclusion and Prayer

*3 Wheezise, Applicant Nainst Earl Stanley, Respectfully Prays this Honorable Court to Grant his Application for wnrit of Habeas Corpus and order the Conviction Deversed and remanded and for the immediate Release of Applicant. The Applicant would further may For Such other and further relief as this Court may deem Justand equitable.

Instead February 27, 2015 Respectfully Subniteal by: Nainst Earl Stanley Nawid Earl Stanley, In Praise 1805823, Neal unit 9055 Spurs91 Amarillo Fx. 77107

Captificate of Service I. Naind Eas I Stanley, home on this 27th day of February, 2015, placed a tre and correct copy of the foregoing Motion in the united States Mail, addressed to the Clerk of the Nectrest Curt, Kathy E. Clifton, whose address is 101 west mill street, Suite 211e, Livingston, Fx. 77351

Nawid Earl Stanley Nawid Earl Stanley Nawid Earl Stanley

Case Details

Case Name: Stanley, David Earl
Court Name: Court of Appeals of Texas
Date Published: Mar 2, 2015
Docket Number: WR-79,299-02
Court Abbreviation: Tex. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.