TILLEY, STANLEY RENARD Sr.

cts, ;~0 -oJ
CASE No.
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TRIAL COURT CAUSE No. 17450
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STANLEY RENARD TULEY -' sr. Reiator § IN THE COURT OF
§
vs.- § CRIMINAL APPEALS
§
BASCOM W. BENTLY I I I Respondent § AUSTIN, TEXAS.
Acting in Official Capacity as § rlECEIVED IN
Judge of the 2nd Judical District
Court of Cherokee County, Texas. § COURT OF' CRIMINAL APPEALS
APPLICANT ORIGINAL APPLICATION WRIT OF f.;t:'( 23 2016
MANDAMUS WITH BRIEF IN SUPPORT
TO THE HONORABLE JUSTICES OF SAID COURT: Abel Acosta, Clerk
Comes Now, STANLEY RENARD TILLEY Sr, Relator, pro-se, in the above styled and
numbered cause, and files his original application for Writ of Mandamus pursuant
to article 11.07, Section 3(c) of the Texas Code of Criminal Procedure, and would
show the Court the following:
ONE
Relator Tilley has exhausted his remedies, and has no other adequate remedy at
law. WALKER v. PACKER, 827 SW.2d 833 (Tex. 1992).
TWO
The act sought is ministerial, and not discretionary in nature mandated 1n the
Texas Code of Crim. Proc. 11.07 § 3(c)(d), requiring the trial court to complete
all work, and transmit to the court of Criminal Appeals the application, and it's
recomendation to grant, or deny relief. The trial court is to complete all work
within 35-day's. Under Sec.(3)(d), if the convicting-court decides that there are
conEroveriea, previously unresolvea Iacts wnichlare material to the legality of
of the applicant's confinement, it shall enter an order within· 20 day's of the
expiration of the time allowed for the state to reply,· designating the issues of
fact to be resolved.
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THREE
Relator Tilley filed his writ of habeas corpus (December 18, 2015), and no
copy of the application for writ of habeas corpus, no answer:io, and no responsive
pleading reciting the date upon which findings were made, and.then transmitted
to the court of Criminal Appeals. Had such document's of finding and facts been
entered by the trial court, and then sent to the Court of Criminal Appeals by the
respondent ~s required by statue, relator Tilley would have received notice from
the Court of Criminal Appeals. [Received on such date]. ,McCREE v. HAMPTON, 824
SW.2d 578 (Tex.Crim.App. 1992).
FOUR
The trial court' has a ministerial dutv to resolve all work, and issueS designated
as required for resolution by all I~~affiiy -.. mean's in a timely manner. Id. 11.07
Sec . 3 ( c ) (d) .
The great writ of habeas corpus is one of expediency so as to ayoid innocent
citizen's from languishing in prison needlessly. MURRAY v. CARRIER, 106 s.ct.
2639, 2645, (1986).
FIVE
Violation of article 11.07 of the Texas Code of Criminal Procedure, the trial
court (respondent) has procedurally failed to provide a copy of the application
in this cause number, a answer, or a certificate reciting the date upon which
fact findings were made, or if any made and sent to the Court of Criminal appeals
within the time frame of 35-day's provided by the statue_ll.07 within a reason-
able time from the date which the applicant Tilley documents were requested to
be ~-r~cord~d and': be transmitted by the operation of law. McCREE, 824 sw~2d at 579.
The applicant Tilley made request's in: Ex Parte STANLEY R. TILLEY cause number
17450 to the Honorable judge Bascom w. Bentley III of the 2nd Judicial District
Court of Cherokee County, Texas, and District Clerk Janet Gates of Cherokee
County, Texas., by first class mail requesting compliance withth-2 statutory
provisions to no avail. MARTIN v. HAMLIN, 25 SW.3d 718, 719 (Tex.Crim.App. 2000).
( 2)
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To date of this writ of mandamus, relator has not received a response nor an
answer fro•n the trial court regarding relator Tilley's request for transmittal
of a copy of the application for writ of habeas corpus art. 11.07, and it's
findings of the facts an conclusions of law to be forwarded to the Court of Crim-
ina.l Ap9eals.
It is clear from the record before the court, relator has repeatedly put the
respondent on notice that relator Tilley seeks the fact findings by the trial
court forwarded to the Court of Criminal Appeals, and that such records are re-
quired by the Court of Criminal Appeals to act on relator's writ of habeas corpus
The relator Tilley has gone well beyond any requirement or obligations imposed
upon him by the Texas Code of Criminal Prodedure. In contrast to relator's
effort's, respondent has wholly failed to comply with the Texas Code of Criminal
Procedure, art. _11.07 Sec.3(c) acting in bac'l faith has also failed to afford rel-
.....
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ator the professi6nal and com~on courtesy of any written responses to his corresp
ondence and requests.
Article 11.07 Section 3(c) (d) clearly promulgated to ensure i:he writ be one
of expedience, not to be placed on the back burner of the trial court docket in-
definitely.
PRAYER
WHEREFORE, Premises considered, the relator Stanley R. Tilley Id. #01629351
proceeding pro-se, respectfully requests a finding that the respondent has
not resolved the issues designated for resolution , or if respondent has done
so, he has wholly failed to direct the clerk of the court to transmit documents
to the Court of Crirr1inal Appeals within reasonable time after date the issues
in question were resolved, and that relator brought this litigation in good
faith, and has substantially prevailed.
Relator Tilley, prays for and order directing respondent to direct the clerk
of the court to transmit 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 as directed in article 11.07 Sec.3(c) .
of the Texas Code of Criminal Procedure.
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.,
'·'
RESPECTFULLY SUBMITTED
jj:Ql629351 ';tv"l::NN£ UNIT
810 FM 2821
HUNTSVILLE, TEXAS.
"/7349.
INMATES DECLARATION
I, Stanley Renard Tilley Sr., hereby swear under the penalty of perjury that
the forgoinq information is true, and correct to my knowledge.
,.;;·
CERTIFICATE OF SERVICE
I, Stanley Renard Tilley Sr., hereby certify that a true and correct copy
of the forgoing information has been forwarded to the respondent in the 2nd
Judicial District Court of Cherokee County, Texas 75785., on th:i.s date by U.s.
Mail •.
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