Davis, Irvin Ray ( 2015 )

ument contains so!"e
Mr. Abel Acosta, Clerk \hiS doc ,_,.of poor quaht\f
Court of Criminal Appeals of ~t~at arv·maging.
P.O. Box 12308, Capitol Statiat,rthe t1me of 1
Austin, Texas 78711 RECE~VED ``~
RE: Submission of Writ of Mandamus
COURT OF CRlMINt'.L liPP~.LS
Dear Clerk,
MAY 06 2015
Enclosed please find my Original Application for writ ````````,,Cferk
in Trial Court Number 1193809-C, in l84th.Judicial District Court of Harris
County; Texas. If possible, I ask that a file stamped copy of this appli~ation,
or a letter of positive acceptanc_e of the application be returned to me for
my own perosonal records.
Thank you in advance for your time, patience and effort in considering
my most humble request.
Respectfully submitted,
Irvin R. Davis
TDCJ-ID# 1653531
Geroge Beto Unit
1391 FM 3328
Tennessee Colony, Texas 75880
Cause No. ;~,::;in:h±.S~;capacd:ty.~;asl:District Clerk of Harris
County, Texas, has a ministerial duty to receive and file all papers in a
criminal ·proceeding 1 and perform all other duties imposed on the cle.rk by
law pursuant to TCCP Art. 2.21, and is responsible under TCCP 11.07 Sec.
3(c) to immediately transmit to the Court of Criminal Appeals a copy of the
application for writ of habeas corpus, any answeres filed1 and a certificate
reciting the date upon which that finding was made if the convicting .court
decides that there are no issues to be resolved.
Chris Daniel, District Clerk of Harris County, Texas, may be served
at his place.··of business at P. 0. Box 4651, Houston/ Texas 77210-4651.
III- Violation of Article .11.07 of. tfie TEXAS CX>DE OF CRIMINAL PROCEDURE
The Respondent violated Article 11.07 Section 3(c) of the Texas Code
of Criminal Procedure by failing to provide a copy of the application for
writ of habeas corpus, any answers filed, and a certificate~·reciting the
date upon which that finding was made to the Court of Criminal Appeals within
the time prescribed by law.
Relator has gone well beyond any requirement or obligation imposed upon
him by the Texas Code of Criminal Procedure. Article 11.07 Section 3(c)
clearly states that "[i]f the convicting court decides that thec-e are no
such issues, the clerk shall immediately transmit to the Court of Criminal
..
Appeals a copy of the application, any answers filed, and a certificate reciting
the date upon which that finding was made. Failure b.TI the Court to act within
the allowed 20 days shall constitute such a finding. " 'IEXi~ CXDE CRI:M. P. 1 art.
11.07 fee. 3(c). Respondent is in violation of this· procedure/ ministerial
duties, and thus the laws of tnisJstate.
Eaje 2 of 3
IV. PRAYER
WHEREFORE PREMISES CONSIDERED, Relator prays that the Court will grant
the relief sought in this application, by ordering the Respondent to immediately
transmit its findings to the Court of Criminal Appeals, on the face,;~of the
pleadings within this application.
Respectfully submitted,
Irvin R.Davis
TDCJ-ID# 1653531
George Beto Unit
1391 FM .3328 ·'
Tennessee Colony, Texas 75880
INMATE DOCLARA.TION
Pursuant to Title 6, Texas Civil Practice and Remedies Code §§ 132.001~003.
r, ., IRVIN R:~. DAVIS I TDCJ-ID# 1653531 , being
presently incarcerated at the George Beto Unit, in Anderson County, Texas,
do. declare under penaity of perjury that I am the Relator in the foregoing
Application for Writ of Mandamus, and all statements contained therein are
true and correct.
Singed on this the 2: day of ~JV\---'---. . . .1\L--L-'{_..___ _ _ _ _ _, 20 J5 .
-,
Pa;)e 3 of 3
Cause No. 1193809-C
EX 'PARTE
COURT OF CRIMINAL
§
IRVIN R.DAVIS~ § APPEALS
§ OF TEXAS
TDCJ-ID# 1653~31,RELATOR §
§
ORDER
On , 2015,th~ Realtor 1 s Application foi
----
Writ of Mandamus came to be considered.The Court firids that the relator
is entitled to the relief sought,and it is ~:
THEREFORE ORDERED. ·..fhal_t the District Clerk of Harris County, Texas immediately
transmit a copy of the relator's application,attached· Memorandum of Law,
answers filed, and acertificate reciting the date upon which those findings
were made,to the Court of Criminal Appeals of Texas.
Signed on ---------------
JUDGE-PRESIDING-----------------
CERTIFICATE OF SERVICE;::;
This is to certify that on May 8, 2015, a true and correct copy of the
. foregoing Application for Writ of Mandamus was placed in the United States
Mail, to be delivered to the Harris County District Clerk's Office, Mr. Chris
Daniel, at·P.O. Box 4651, Houston, Texas 77210-4651.
Sigr).ed oni:this the __J__ day of _ _.M'---'-~"---". Y~·--------'
. 20 /5 .