in Re: David Mark Davis, II ( 2015 )

ACCEPTED
12-15-00294-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
12/14/2015 12:00:00 AM
Pam Estes
CLERK
Cause No. 12-15-00294-CR
FILED IN
12th COURT OF APPEALS
§ IN THE COURT OF APPEALSTYLER, TEXAS
IN RE: § 12/13/2015 5:31:02 PM
David Mark Davis II § TWELFTH JUDICIAL REGION PAM ESTES
§ Clerk
§ TYLER, TEXAS
RELATOR’S MOTION FOR EMERGENCY RELIEF
TO HONORABLE JUSTICES OF SAID COURT:
NOW COMES THE RELATOR, David Mark Davis II, who moves the Honorable Court to
decide his Petition for Mandamus at the earliest possible time. In support, Davis would show the
following:
1. This mandamus action is directly related to a habeas corpus action and seeks to
compel the Honorable Wes Suiter to fulfill his ministerial duty to complete a
Certificate of Defendant’s Right to Appeal in Relator’s habeas case.
2. The completion of the Certificate of Defendant’s Right to Appeal is required for this
Court to have jurisdiction to hear Mr. Davis’ appeal of the Respondent’s denial of
Relator’s habeas petition.
3. In Texas, court’s are commanded to dispose with an application for writ of habeas
corpus at the “earliest day which the judge can devote to hearing the cause of the
applicant.” See Tex. C. Crim. Proc. Art 11.11.
4. It would only make sense that this case, since directly related to the habeas case,
would be governed by the expedited timeline set forth in Art. 11.11. As such, this
Court would be required to expedite this mandamus action
PRAYER
WHEREFORE PREMISES CONSIDERED, Relator moves the Honorable Court grant
this Motion for Emergency Relief and for all other relief Relator might be justly entitled.
Respectfully submitted,
_________________________
David Mark Davis II
Relator, Pro Se
11 Glenview Court
Lufkin, Texas 75901
(936) 238-850
CERTIFICATE OF SERVICE
I hereby certify that at the time of electronically filing this case, I served the foregoing
pleading by electronic service upon the following:
Respondent:
via email to wsuiter@angelinacounty.net
Real Party in Interest:
via email to ejones@angelinacounty.net
David Mark Davis II