Martinez, Petronilo Alcala ( 2015 )


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    COURT OFCRH\MNAI APPEALS
    JUL. 13 Z§?§
    IN THE TEXAS COURT OF CRIMINAL APPEALS
    AT AUSTIN, TEXAS
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    IN RE: Martinez. Petronilo,RELATOR
    ORIGINAL APPLICATION FOR WRIT OF MANDAMUS
    TO THE HONORABLE JUDGES OF TEXAS QQURT OF CRIMINAL
    APPEALS:
    \CGMES§N@WL¢Martinez.-Eetronilol§RELATO , In the instant»cause_and“praysc
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    that the court will grant his_original_application for writ on Mandamus``and '
    would show the following:
    I.
    On December 31, 2014, pursuant to Tex. Crimal Proc. Code. article lll07/
    , Relator filed.his post-conviction habeas corpus application challenging his
    convictions in The State of Texas‘v;Whrtinez,:PetronilO/i CauSe numbér’e?:r
    IE§§¥EBSER in the 242nd District Court of Hale County.
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    On December 3lst, 2014 same pursuant to art. ll~07 filed by relator on the
    above date mentioned to have been filed to the 242nd District Court to having
    only received a response from HALE;CQQNTY~§LERK allowing relator to acknowledge
    the court received The Writ of Habeas Corpus, art, ll.07.
    III.
    In the pursuant to Writ of Habeas Corpus. art\ll.07. concerning The States
    failure to respond to Relator Writ in Designation Issues seeked by filing
    of the above mentioning of Writ of Habeas Corpus. article ll.07.
    IV}
    To my knowledge there was never any Order Issued.directing Trial Counsel
    to file an Affidavit within 30 days of December 3lst, 2014.
    As of this date, no affidavit by-counsgl has been filed to my knowledge and
    the habeas corpus application are classified as inactive by the HALE COUNTY
    CLERK. The HALE COUNTY DISTRICT CLERK: District attorney and Judge, has
    each failed to the Writ of Habeas Corpus entitlement to receive a response
    as neither has responded and the Issues Submitted in Petition of the relator
    remain previously unresolved;
    Matinez complains that Respondent, the Honorable.presiding Judge of``the
    242nd District Court has violated two ministerial duties."First contrary
    to art§ ll.07 more than 35 days have elapsed and the application have yet
    to be forwarded to this Court.
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    WRIT NO.'U?=TE=EH£EF¥E%
    IN THE TExAs coURT oF cRIMINAL APPEALS
    A'.r AUSTIN, TEXA'S ``
    IN RE Martinez, Petronilo
    mI'IoN _FOR LEAVE tro FILE ,
    oRIGINIAL APPLICATION * FOR ‘wRIT 'oF MANDAMUS
    'IO THE HONORABLE'JUDGES ‘OF 'I‘EXAS COURT QL" CRIMINAL
    APPEALS
    ``OOMES NOW, Martinez, Petronilo,``RELATOR, In the instant cause and prays
    the court will grant his Motion for Leave to file the attached original
    application for Writ of``Mandamus.
    .., Respectfully Submitted,
    Martinez. Petronilo, elator
    McConnell»Unit
    3``0``0'1l s``. 'Emily"nr.
    .Beeville, Texas 78102
    T.D.C.J.# 1787690
    

Document Info

Docket Number: WR-83,440-02

Filed Date: 7/13/2015

Precedential Status: Precedential

Modified Date: 9/29/2016