Case Information
*1 Date: 8-19-15
To: Lisa David District Clerk P.O. BOX 24 Georgetown Texas 78627
From: Mr. Santos Loa $438869 Stringfellow 1200 FM 655 Rosharon Texas 77583
Re: Request for Evidentiary hearing & Objections to Court's Order. Dear Clerk,
Please file this motion with the 277th District Court. Thank you for your time.
CERTIFICATE OF SERVICE
I hereby certify that a copy of this document has been forwarded to:
Court 1of Criminal Appeals P.O. BOX 12308 Austin Texas 78711 on 8-19-15
UNSWORN DECLARATION
I hereby declare under penalty of perjury that theforegoing, and attached documents are true and correct.
executed; 8-19-15
Respectfully submitted,
Saufers Loa Mr. Santos Loa $438869
RECEIVED IN COURT OF CRIMINAL APPEALS
AUG 24 2015
AbelAcosta, Clerk
*2
NO. 96-252-KC
EX PARTE
SANTOS LOA
§ IN THE 277th JUDICIAL
§ DISTRICT COURT OF § WILLIAMSON COUNTY, TEXAS
REQUEST FOR EVIDENTIARY HEARING &; OBJECTIONS TO COURT'SS ORDER
To: The Honorable Court now comes Petiocanersin this cause, and would show the Court the following in support of Petitioner's motion being granted:
- Defense/Appeal Counsel has never responded to Court's order. Petitéoner filed motion seeking contempt order against said Appeal attornay. Court has yet to rule on that motion, or force Appeal attorney to answer:
- The Judiciary (Court of Criminal Appeals) does not make law in Texes. Law is made by the Texas legislature. Under the Texas Code of Criminal Procedure art. 11.07 there is no time limit set on filing an 11.07 Hebeas Corpus. There the State's argument about laches applying to an 11.07 is a frivolous argument. Had the Texas legislature wanted laches to apply it would habmenacted such section under article 11.07 TCCP. For this reason movant objects to the Court's order.
- For the judicary to encroach on the Texas Legiàlature's law making duties, by applying the doctrine of laches with statutory authority is itself a constitutional violation.
- For the Court to refuse to make Appeal Attromeg answer the allegations set forth, is to ensure that petitioner does not develope evidence to support his claim.
- The art 11.07 requires the Petitemer to only to file for an an out of time appeal if appeal hg as been denied. All other criteria the Court is attempting to force an applicant is a encroahment on the jugislature.
CONCLUSION
For the above reasons Petitioner objects to the Court's order.