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al @<><'>… Date - Nov. 28, 2015 / Re; Response to findings of fact ``» and conclusions of law by RECEWED .the trial court. CoURTOFCRIM|NA||_R.Z\PPE/ALS DEC 02 20?5 Dear Clerk"of the Court of €riminal Appeals; I ``received a white card a``- couple weeks ago stating that*?\b€lACOSta,C|erk "This is to advise that the Court has denied without written order the application for writ of habeas corpus ®NATHENhln FINDINGS OE THE TRIAL COURT WITHOUT A HEARING»; l am NOT a .lawyer, therefore l rely on the integrity of the clerk.of the trial court to appropriately file the documentation which l send him/her¢ ln this particular situation.“¢ The record is clear that the trial court adopted-the_State's findings and conclusions only FOUR DAYS after having been drafted... Long b€fOt§ I received a copy of the State'sJCourtHs decisions; ie ' findings and conclusions. I was NOT given a chance to make a. rebuttal to the court”s ruling before it was adopted. l only received a copy about a week or so later. However, once l did receive a copy of their findings in hand, l immediatelyiy drafted and mailed my rebuttal to the findings / conclusions as well as a motion for an extention of time to address the issues, 'and an objection to»the trial court's;"premature" adoption of the_ findings which completely deprived me an opportunity to rebut the State/Gourt s claim that every issue l had filed was meritlessw lt appears; and l have been told as of late... that the trial court clerk”s are notorious for withholding rebuttals such as mine, and either sending them, to the Court of Criminal Appeals in an untimely mannner, or slmply not forwarding th¢mmfor considerat-ion at all. When they are not forwarded l am told the_Court of Griminal Apoea Appeals takes that as the appellant's exceptance/agreement that the issues are meritless.v lt is my belief that the trial court clerk-failed``to forward my rebuttal to your court thereby resulting in a denial w/o written order based on the TRIAL COURT EIND£NGS WITHOUT A HEARING.5 Please advise me as to whether you received``my findings of facts/conclusions of law in this cause as soon as.possible. Over lf you dont have it, then it wasent considered when the Court of Criminal Appeals reviewed and dismissed my issues without review. lf you indeed receive it. Inwould certainly like to be advised as to why my issues did not even merit a hearing. Something.has gone terribly wrong here. l need to get to the bottom of this as quickly as possible. Please send me a-copy of the findings of facts and conclusions of law REBUTTAL l filed with the trial sour Lcourt``clerk. lf/the clerkss are withholding such documents lthereby causing dismissal of pro se applicant"s ll.O7's I'm sure the Court of Criminal Appeals would be interested in correcting that matter. All l can do at this point is rely on YOU as the clerk of the Court of Criminal Appeals to help me get to the bottom of this. lt is my understanding that the clerks of the trial do not work for the DA. And thereby should not be in any way, shape or form attempting to assist in protecting their city convictions. lf you dont have a copy of it, they withheld it. I'll need to file another writ to get this situation straighted out so I can get theereview of my issues that l should have got in the first place. Thank you very much Sir/Ma'am for any help or light you can shed on this matter.' l have no intention to remain silent if the trial court clerk.has withheld my rebuttal thus causing my issues to be denied a hearing/review on the merits. » Respectful'l-y;'. JU//’Z¢@/'@.€ j ADEDJI 0. ADEKEYE TDCJ. NO. 1829923 ' w~ 44 _ TRALL'CT. NO.~1349025rA~ Ferguson Unit WRTSA, OOZ-Ol lZlZO Savage Dr. Midway. TX. 75852
Document Info
Docket Number: WR-84,002-01
Filed Date: 12/2/2015
Precedential Status: Precedential
Modified Date: 9/30/2016