Case Information

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$C$ mase No.

IN THE COURT OF CRIMING APPEALS

at QUSTIN, TEXAS

Inge FREDDE LEE TURBS, FELATOE, v.

HONORABLE TALY A. ME GALCHELY, FESpondent.

PETITION FOR WRIT OF MANDANUS

Dispetition the fwet of mandamus; in OREER to the 97th Tonicid DistertDavet of Montague County, TEXAS Cause No. 2011-01534y-CA

LASIAN Dredin/Clark Montague County Distert Clark W/Fendlin Street Montague, TEXAS 76257 - 0512

FREDDE LEE TUBBS "1830304 TOCT-PACK / UNIT 2400 WVallace PACK Road MAVASOTA, TEXAS 77868 FELATO

TACK A. ME Gaughery/Tudge 97th Tuctecid Disterct Dovet 101Fendlin Street Montague, TEXAS 76257-0572 Respondents. RECEIVED IN COURT OF CRIMINAL APPEALS SEP 302015 AbelAposte, Clerk Page 1-of-6

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TO TRE HONDRADE, TUDGE OF THE COURT OF APPENDIX:

Relative, respectfully submit this Fattun toe West of Mandamus, to compel, Lissian Dnestn/Clack for the Montague County District Cleak's office in Montague County. Texas, to issue an "OPPDEP" compelling the Fiespondent to teansont a copy of his Application for West of Hebers Corpus to the Court of Appeals; pursuant to TEX. Code Dem. Proc. Met. 2.21 and 11.07, sec. 3(c), and would show the Court the following:

I. Tueisdectan

The Court of Apeals has ueisdectan to issue a West of Mandamus against a District Cleak. District County Tndps a County Court Tndpe in there exspected cteatent, and they may issue "HE" wents necessary to exibace there juessdectan. See TEX. Coott Code 88 22.221 (a) and 22.221 (b). If the tead comet abowes the application for West of Hebers Corpus, or fails to repponid, eclect may be sought by filing a Application for West of Mandamus, as a Court of Apeals. This Court has ueisdectan to geant Palatocis Petition for West of Mandamus pursuant to Met. V, 83, of the Texas Conset. uton and Coott Code 9 22.002.

II.

Relative

Feadite LeE TIDES 1852201, is an Olandee uncerceated in the Texas Department of Seminal Justice, and is appearing peace, who can be located at the Wallace Park Unit, 2160 Wallace Park Road, Navasota, Page 2-0/-6

*3 TEXAS 77868. Relative has exhausted his remedies and has 'We' a true adequate remmity at Law. The pet sought to be compelled is minoritand. NeC discectomy in Notures. TEX. Code Cerm. Pec., 3et 11.07, sec. 3125. Requires Respondent to remendintely teancont to the Court of Cerminal Appeals a copy of the application he Met of Hobbes Depos, my mowce filled, and a ceetificate reciting the date upon which that findings was made, if the convicting court decides that there are 'We' issues to be resolved. We copy of the application he Unit of Hobbes Depos, my mowces filled, and a ceetificate reciting the date upon which that findings was made, and has been transmitted to the Court of Cerminal Appeals. Had such document becon transmitted to the Court of Cerminal Appeals by Respondent as required by debate, PEs la the would have received notice from the Court of Cerminal Appeals.

III.

Respondent Respondent, Lisson Dardin in hee offend capacity as the Distinct Clerk of Montague County. Texas has a minoritand duty to receive and file all' pipaces in a Cerminal pececeding, and peetoreof 42 othee duties imposed on the Clerk by umpussumt to TEX. Code Cerm. Pec., 3et. 2.21, and is responsible undue the authority of TEX. Code Cerm. Pec. 3et 11.07, sec. 3(c), to immediately teancont to the Cvict of Cerminal Appeals a copy of the application he Unit of Hobbes Depos, my mowces filled, and a ceetificate reciting the date upon which that finding was made if the convicting court decides that there are 'We' issue to be resolved. Lisson Dardin, Costent Clerk, Montague County, may be seevod at hee place of business

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At 10/ Fennellin Street, Montague, Texas 76251 - 0512.

IV.

VOLUTION OF ARTILLE II.07,OF THE TEXAS CODE OF CPISANIL PROCEDURE

The Reppendent isolated feticle II.07, section 3c2, of the Texas lede of Cerminal Procedure, by failing to pleunder a copy of the application for the rest of Habers Coepus, any newvers filled, and a coetificote exciting the date upon which that finding was made to the Louet of Cerminal Apposits within the times prescribed by Lomand within a measurable time from the date on which the documents were requested to be teancentred.

As it is clear, Fislatue has put Reppendent on notice that Fislatue seeks the temsuntion of a copy of the application for the rest of Habers Corpus, any new. we filled, and a coetificote exciting the date upon which that finding was made to the Louet of Cerminal Apposits and that such records were required by the Louet of Cerminal Apposits to get on Fislatue's wiet of Habers Corpus. Fislatue has gone well beyond any requirement or obligation expressed upon him by the Texas Lece Cerminal Procedure, in contrast to Fislatue's efforts, Reppendent has wisely failed to comply with the Texas Lece of Cerm. nal Procedure, feticle II.07, section 3c2, is going in bad faith, and has also failed to attend Fislatue the peatessowal and Cermonov Courtesy of any written responses to his requests.

Feticle II.07, section 3c2, clearly states that of the convicting Louet decides that there were NO such issues, the cluel still immediately teans. mit to the Louet of Cerminal Apposits a copy of the application, any newvers Page of -af-lo

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Hired, and a ceetificate eccting the date upon which that finding was made. Fanee of the count to get within the allowed 20 days SHEL' con. strute such a findings. "Texas Code of Cerminal Preceduee, Feticle 11.07, Section 3 (c). Fiespondent is mvestation of this peoceduee, ministerial duties, and thus the laws of this state.

V. PRAYER FUZ FELIEF

WHEgEFOgE, PgEANSES CONSIDERED, Fela ture Fecoldie Lee Tubbs (peise), epposititly eequent a finding that the Fiespondent did Nef. temeumit docume. nits to the Count of Cerminal Apeets within a eceasurable time of the the date they were eequented and that Fefatue bevept this Litration in good faith, and has substantially peevated. Felate peeys the an OQDEg. directing Fiespondent to temesmita copy of the application the wiet of Habuas Cuepus. Any mesuses fited, and a ceetificate exciting the date upon which that findings was made to the Count of Cerminal Apeets as directed in feticle 11.07, section 3 (c) of the Teves Code of Cerminal Preceduee.

Fespectfully Submitted $X=$ Jiedelle Jubbs UNIVORN DECLARATION J. Feodthelee Tubbs*1830304, being peesently mereceated in the Texas Deparctment of Cerminal Jutee of the Fack 7 Unit in Grewnes County, Texas, declnees unduee pervably of peeyuey that according to my beliet, the facts stirted in the above 'wiet of Mandamus', are teue and coeffect.

Page $5-4/6$

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Erecuted on the 28thday of Septembre, 2015. x- Jindlle Sublo

CERTIFICATE OF SERVICE

T. Feodale Lee Tibbs*183230f, as bceedy contidy that a tewe and corent copy of the following blect of Afandamus, ts bouny placed on the LUs. Myil postage peepor on the 28th day of Septembe, 2015. fotdecessed to:

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