Mancillas, Ricardo Sanchez ( 2015 )

',I
WRIT NO: WR-83,012-01
RICARDO SANCHEZ MANCILLAS §
Relator,
vs,
SID HARLE
Respondent,
RULE 2. TEXAS RULES GF APPELLATE PROCEDURE,
FOR SUSPENSION WITH AFFIDAVIT IN. SUPPORT:
TO THE HONORABLE JUDGE OF THE COURT OF CRIMINAL APPEALS:
Comes now,· RICARDO SANCHEZ MANCILLAS, Relator-Undersigned, and
file this his motion for Suspension with Affidavit in support, in
the said above caption, and will show the Court the followings;
I.
. JURISDICTIONS:
Pursuant to; Rule 2. of the Texas Rules of Appallate Procedure,
and Article 5, Section 5, of the Texas Constitution, th~s Court has
jurisdiction for suspending another principle upon the showing of
cause;
II.
PARTIES:
Relator; Mancillas, (sentence to 17-years by a grand-jury) for
Robbery c h a_ r g e (enhanced) in cause number ; 2 01 2- CR- 0 0 ~-~ s an State
inmate currently incarcerated in the Texas Department of Criminal
Justice Institution; Dalhart Unit (TDC). ': .;
Respondent.; Harle, (Honorable judge) is located at; 226TH Judic-
ial District Court, of Bexar County, Texas.
III.
FACTS, AND PROCEDURAL HISTORY:
On Februar~ 05,2015, in the 226TH Judicial D~strict Court, of
Bexar County Texas, the assistance Criminal District Attorney; Jay
Brandon, filed a state response to application for writ habeas ·corpus,
*(Relator Motion to Suspend)*
Page 1 of 5,
I':\
which fail to notify the relator; Mancillas, of the lack "verifi-
cation."
On March 11,2015, Respondent; Harle, then filed an "Order"
to dismiss relator; Mancillas, Application for writ of Habeas Cor-
pus, for want "verification."
On March 1 6, 2015, The Court of Criminal Appeals· Clerk; Abel
Acosta, received relator; Mancillas, Application for w.rit of Habeas
Corpus, with-.out proper notice to Amend the "verification" to the
lower Courts.
JiV.
SHOWING ITF CAUSE FOR SUSPENSION:
To avoid filing a second Application, writ of Habeas Corpus to
the lower Court of Bexar County Texas, relat6r; Mancillas, is
exercising due diligence with this Court under; Rule 2. of the Texas
Rules of Appellate Procedure, to suspend; Rule 9.3(b), of the Texas
Rules of Appellate Procedure, inorder to file "one" original Amended
Application, for writ of Habeas Corpus "verif~caton" with motion to
leave.
On the other hand. Relator; Mancillas, attach to this pleading,
his declaration inorder to prove cause. Relator; Mancillas, also
apologize to this Court of the TDC official's prohibiting inmate's
to have access to the printer, which is beyond my ~ontrol.
v.
PRAYER:
THEREFORE: Relator; Mancillas, prays the Court to grant his
motion to suspend RULE 9.3(b), of the Texas Rules of Appellate Pro-
cedure,. Respectfully submitted,
..~ ,Ja4W~ ?ttuvb
MR. RICARDO``HEZ MANCILLAS
TDC NO# 181 9352
DALHART UNIT
11950 FM 998
DALHART, TEXAS 79022
*(Relator Motion for Suspend)*
Page 2 of 5,
VI.
CERTIFICATE OF SERVICE:
I, hereby certify that, a true copy of the foregoing; relator;
Mancillas, motion to suspend with Affidavit in support, has been·
'
sent to the following add~esses; Bexar County Tex~s, District Clerk;
Donna Kay McKinney, at; 101 W. Nueva, Suite 217, San Antonio, Tx
7820~/District Attorney; Nicholas Lahood, at; Paul Elizondo Tower,
101 W. Nueva, San Antonio, Tx 78205/ Court of Criminal Appeals
Clerk Abel Acosta, P.O.BOX 12308, .Capitol Station, Austin, Tx 78711.
Executed date; March 25,2015
Respectfully submitted,
~A``~
MR. RICARDO ~A~'z MANCILLAS
TDC NO# 1819352
DALHART UNIT
11950 FM 998
DALHART, TEXAS 79022
*(Relator Motion to Suspend)* Page 3 of 5,
WRIT NO# WR-83,012-01
RICARDO SANCHEZ MANCILLAS §
Relator,
vs, § IN THE COURT OF CRIMINAL APPEALS
OF THE STATE OF TEXAS
SID HARLE
Respondent,
§
ORDER:
On this day came to be heard, the foregoing relator;
Mancillas, motion to suspend with Affidavit in support, and it
appears to this Court that, i~ has merits.
IT IS THEREFORE ORDER~D: that the Rule 2. of the Texas Rules
of Appel~ate Procedure, is gr~nted to Supend Rule 9.3(b), of the
Texas Rules of Appellate Procedure,. inorder to file one original
Amended writ of Habeas Corpus Application for want "verifica-tion."
IT IS THEREFORE FURTHER ORDERED: that the clerk of this Court
shall notify to all paities of this rulirtg being granted.
SIGNED on this the day of
------- -------------------------, 2015.
PRESIDING JUDGE
*(Relator motion to Suspend)*
Page 4 of 5,
RELATOR: MANCILLAS, AFFIDAVIT IN SUPPORT
FOR SUSPENSION:
. ..
IN THE STATE OF TEXAS §
COUNTY OF HARTLEY § WRIT NO# WR-83,-012-01
AF F IDA VI T :·
BE IT A~KNOWLEDGED that I, RICFRDO SANCHEZ MANCILLAS, the
undersigned affiant, being of legal age, sound of mind, and able
to make this affidavit, do hereby say under oath the followings;
1),I am incarcerated in the Texas Department of Criminal Justice
Institution; Dalhart Unit, of Hartley County Texas;
2), TDC official's at the Dalhart Unit Law Library, will not
allow me to make copies of my legal documents;
3), I am a lay-man at law, as I need time to prepare the Amended
writ of Habeas Corpus Application with "verification:"
4), The Bexar County Texas, assistance District Attorney; Jay
Brandon, did not notify me of the lack "verification" irn the
writ of Habeas Corpus Application on February 05,2015;
5), On March 11,2015, justice; Sid Harle, d.iril not give me time td
correct the "verification:"
DECLARATION:
I, declare under the Pen~lty bf Perjury, that the said above fore-·
going is true and conrect to the best of my knowledge,·. as this affi-
davit is freely made, presented to; V.T.C.A. TEX, CIV, PROC, REM,
CODE§§ 132.00~ and 132.001~ and 28,U.S.C§ 1746.
Executed date; March 25,2015
Affiant; ~Jtffl~ff'~
MR. RICARDO SANCH ~ILLAS
TDC NO# 1819352
DALHART UNIT
11950 FM 998
DALHART, TEXAS 79022
*(Relator Motion to Suspend)*
Page 5.of 5,