Tucker, Edward Charles AKA Tucker, Edward ( 2015 )

TEXAS COURT OF CRIMINAL APPEALS
CAUSE NO. 241-1308-07 D
RECEIVED IN
CAUSE NO. 241-2005-07 COURT OF CRIMINAL APPEALS
GEC 23 2015
EDWARD ·ruCKER,
Relator,
v.
THE DIS~RICT CLERK, SMITH COUNTY,
Respondent,
LEAVE FOR APPLICATION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, EDWARD TUCKER, RELATOR IN THE ABOVE STYLE NUMBER CAUSE
AND ~l':WE THE ::OURT OF CRIMINAL APPEALS FOR WRIT OF MANDAMUS,
PURSUANr TO ~EXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07,
SECT:LJN 3(b), [WEST 2015] AND WOULD SHOW THE COURT THE FOLLOWING:
JURISDICTION:
THIS C00RT qAS SUBJECT MATTER, JURISDICTION PURSUANT TO ARTICLE
1, SECTION 10, ARTICLE 1, SECTION 12, ARTICLE 9, SECTION 19,
BILL 01:" ~U·~;H·rs IN TEXAS CONSTITUTION AND THE FIFTH AMEND~ENT,
THE NINTH AMENDMENT, AND FOURTEENTH AMENDMENT TO THE UNITED
STAfES CONSTITUTION OF AMERICA.
RELIEF SOUGHT:
THE COURT 0F CRIMINAL APPEALS IS UNDER A MINISTERIAL DUTY TO
'
ORDE~ THE DISTRICT CLER~. OF SMITH COUNTY, TEXAS TO IMMEDIATELY
FORWARD ~:-IJ~ .s·r.4.1'E .1\PPLICATION FOR WRIT, HABEAS CORPUS TO THE
COURT 01:" C~IMINAL APPEALS, PURSUANT TO TEXAS CODE OF CRIMINAL
PROCEDURE, ~RTICLE 11.07, SECTION 3(b) (WEST 2015].
PROCEDURE HISTORY:
RELATOR NAS CONVICTED IN THE 241 ST. DISTRICT COURT IN SMITH
COUNTY, T8XAS: IN CAUSE NUMBER. 241-1308-07 D, OF INJURY ~0 A
CHILD A.'W Cl\.iJSE NUMBER 241-2005-07, OF BURGLARY OF HABITATION,
THE COU~T ~3SESSED PUNISHMENT AT LIFE IN THE FIRST CONVICTION
AND SIX~Y YEARS IN THE SECOND CONVICTION.
STATEMENT OF THE CASE:
IN AUGUST 2015, RELATOR FILED A STATE APPLICATION FOR WRIT OF
HABEAS CORPUS IN THE DISTRICT COURT ON SEPTEMBER 30, 2015, THE
STATE (SSUE ~N ANSWER THAT THERE ARE NO CONTROVERTED PREVIOUSLY
UNRESOLV~;) FACTS TO THE LEGALITY OF THE RELATOR'S CONFINEMENT,
WHICH RSQUIRS AN EVIDENTIARY HEARING AND RECOMMENDS THAT THE
RELI~? REQD:~.s·rED 3E DENIED.
SHOWING OF CAUSE:
RELATOR CON~8NDS THAT THE DISTRICT CLERK HAS NO AUTHORITY TO
CONTINUE TO HOLD RELATOR'S APPLICATION FOR WRIT HABEAS CORPUS
RELIEP ANU IS UNDER A MINISTERIAL DUTY TO IMMEDIATELY FORWARD
THE APPL[CATION AND RELATED RECORDS TO THIS COURT OF CRIMINAL
APPEALS, PURSUANT TO TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE
11.07, SEC~ION 3(d). SEE: McCEE V. HAMPTON, 824 S.W.2d 578, 579
[ TEX. CR. APP. 1992 ] ; MARTIN V. HAMLIN, 25 S.W.3d 718, 719 [ TEX.
CR. APP. 2000 ].
RELATOR H.\S NO OTHER ADEQUATE REMEDY AT LAW TO PURSUE THE RE-
QUESTED RELIEF THAN THIS APPLICATION OF WRIT OF MANDAMUS.
( 2)
WHEREFORE, RELATOR PRAYS THAT THE COURT .ISSUE A WRIT OF MAN~
DAMUS, DI~ECTING THE DISTRICT CLERK OF SMITH COUNTY, TEXAS,
TO IMMEDIATELY FORWARD THE HABEAS APPLICATION TO SAID COURT
OF CRIMLNAL ~PPEALS.
RESPECTFULLY,
1
EDWARD TUCKER
CERTIFICATE OF SERVICES
THE RELATOR, HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF
THE FOREGOING APPLICATION OF WRIT OF MANDAMUS HAS BEEN SERVE
UPON THE TEXAS COURT OF CRIMINAL APPEALS CLERK'S OFFICE, AT
P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711.
EXECUTED ON DECEMBER 15, 2015.
. EDWARD TUCKER
TDCJ HODGE UNIT
379 FM 2972 W.
RUSK, TEXAS 75785
( 3)
TEXAS COURT OF CRIMINAL APPEALS
CAUSE NO. 241-1308-07 D
CAUSE NO. 241-2005-07
EDWARD TUCKER,
Relator,
v.
THE DIS~RICT CLERK, SMITH COUNTY,
Respondent,
MOTION FOR SUSPENSION OF THE RULE WITH
SUPPORTING AFFIDAVIT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, EDWARD TUCKER, PROSE AND FILED MOTION FOR SUSPENSION
OF THE RULES WITH SUPPORTING AFFIDAVIT, PURSUANT TO RULE 2 OF
TEXAS APPBLLATE ~PROCEDURE [WEST 2015) AND SHOW THE COURT THE
FOLLOWING:
1]. SHOWING OF CAUSE:
1. RELATOR REQUEST TO FILE ONE ORIGINAL COPY OF WRIT OF MANDAMUS
WITHOUT FILING 11 COPIES, SINCE HE'S A STATE PRISONER AND THE
TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL DIVISION,
HODGE UNIT, LAW LIBRARY, DOES NOT PROVIDE COPIES FOR PRISONER'S
IN LITIGATION.
WHEREFORE, RELATOR PRAYS THAT THE COURT WOULD GRANT SUSPENSION
OF 11 COPIES AND ALLOW RELATOR TO FILE ONE ORIGINAL COPY OF
WRIT OF MANDAMUS.
(1 )
CERTIFICATE OF SERVICES '
I, HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE SUSPENSION
OF THE R8L8 MOTION WITH SUPPORTING AFFIDAVIT WAS SERVE UPON
THE COURT OF CRIMINAL APPEALS CLERK, P.O. BOX 12308, CAPITOL
STATION, ADSl'IN, TEXAS 78711.
EXECUTED ON DECEMBER 15, 2015.
RESPECTFULLY,
EDWARD TUCKER
ORDER
ON THIS THE DAY OF 2015, CAME ON TO BE HEARD RELATOR'S
---'-
MOTION OF SUSPENSION OF RULE WITH SUPPORTING.AFFIDAVIT AND AFTER
DUE CONSIDE~ATION OF THE SAME~ IT IS SO ORDER THAT THE MOTION
SHOULD BE GRANTED / DENIED: IT THEREFORE ORDER A HEARING BE SET
FOR 2015.
JUDGE PRESIDING
(2)
TEXAS COURT OF CRIMINAL APPEALS
CAUSE NO. 241-1308-07 D
CAUSE NO. 241-2005-07
EDWARD TUCKER,
AFFIANT,
SWORN AFFIDAVIT OF
v.
EDWARD TUCKER
THE DIST~ICT CLERK, SMITH COUNTY,
MY NAME IS, EDWARD TUCKER, I AM OVER 18 YEARS OF AGE, I AM A
RESIDENT OF CHEROKEE COUNTY, TEXAS AND I HAVE GIVEN THIS STATEMENT
OF MY OWN FREE WILL AND THE FACTS STATED WITHIN THIS SWORN AFFI-
DAVIT ARE T~UE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
I DO NOT HAVE .FAMILY OR FRIENDS TO SEND AND MAKE 11 COPIES IN
A RESONABLE TIME FRAME.
THE TEXAS DZPARTMENT OF CRIMINAL JUSTICE, HODGE UNIT, LAW LIBRARY
DOES NOT PROVIDE COPIES TO PRO SE LITIGANT'S.
DECLARATION
I HEREBY D82LARE UNDER THE PENALTY OF PERJURY THE ABOVE FOREGOING
IS TRUE AND CORRECT :TO THE BEST OF MY KNOWLEDGE, PURSUANT TO
SEC. 132.000, 132.003 TEX. CIV. PRAC. REM. CODE.
EXECUTED ON DECEMBER 15, 2015.
EDWARD TUCKER
(1 )