Case Information
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53,440-03
WRIT NO. 07-12-0469
IN THE TEXAS COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS
RECEIVED IN COURT OF CRIMINAI APPEALS JUL 132813
AbelAcosta, Cienk
IN RE: Martinez. Petronilo, RELATOR
ORIGINAL APPLICATION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUDGES OF TEXAS COURT OF CRIMINAL APPEALS:
COMES, NON, Martinez. Petronilo, RELATOR, In the instant cause and-prays that the court will grant his original application for writ on Mandamus and would show the following:
I.
On December 31, 2014, pursuant to Tex. Crimal Proc. Code. article 11.07, Relator filed his post-conviction habeas corpus application challenging his convictions in The State of Texas v. Martinez, Petronilo, cause number 47 TEXAS that in the 242nd District Court of Hale County. B15043-0905 B37461-1012
II.
On December 31st, 2014 same pursuant to art. 11.07 filed by relator on the above date mentioned to have been filed to the 242nd District Court to having only received a response from HALE COUNTY CLERK allowing relator to acknowledge the court received The Writ of Habeas Corpus, art, 11.07.
III.
In the pursuant to Writ of Habeas Corpus. art 11.07. concerning The States failure to respond to Relator Writ in Designation Issues seeked by filing of the above mentioning of Writ of Habeas Corpus. article 11.07.
*2 IV.
To my knowledge there was never any Order Issued directing Trial Counsel to file an Affidavit within 30 days of December 31st, 2014.
As of this date, no affidavit by counsel has been filed to my knowledge and the habeas corpus application are classified as inactive by the HALE COUNTY CLERK. The HALE COUNTY DISTRICT CLERK: District attorney and Judge, has each failed to the writ of Habeas Corpus entitlement to receive a response as neither has responded and the Issues Submitted in Petition of the relator remain previously unresolved.
Matinez complains that Respondent, the Honorable presiding Judge of the 242nd District Court has violated two ministerial duties. First contrary to art. 11.07 more than 35 days have elapsed and the application have yet to be forwarded to this Court.
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C Ause NO. Ct
WRIT NO.
IN THE TEXAS COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS
IN RE Martinez, Petronilo
MOTION FOR LEAVE TO FILE ORIGINIAL APPLICATION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUDGES OF TEXAS COURT OF CRIMINAL APPEALS
COMES NOW, Martinez, Petronilo, RELATOR, In the instant cause and prays the court will grant his Motion for Leave to file the attached original application for Writ of Mandamus.
Respectfully Submitted,