DocketNumber: WR-78,478-01
Filed Date: 2/6/2015
Status: Precedential
Modified Date: 9/29/2016
JLlofUAcdzlk, clerk -Og.lin?^ RECEIVED IN COURT OF CRIMINAL APPEALS FEB 06 2015 ' AtoeS Acosfta, Cteirk • as.stW* Ur«YMas*/"t"r^Pe***'** *W I'MUMlUyXr HOW . Joe/g^ToAA £U\lj&- ^*i C -«- UNDER ART.11.05 T.C.C.P.,ANY JUDGE OF THE COURT OF CRIMINAL APPEALS HAS THE POWER TO ISSUE THE WRIT OF HABEAS CORPUS;AS UNDER ART.11.07 §5,THE COURT OF CRIMINAL APPEALS "MAY DIRECT THAT THE CAUSE BE CHECKED AND HEARD AS THOUGH CRIMINALLY PRESENTED TO SAID COURT OR AS AN APPEAL". YOUR HONOR HOLDS EXCLUSIVE DISCRETIONARY AUTHORITY TO REVIEW MATTERS RELATIVE TO VIOLATIONS OF CONSTITUTIONAL DUE PROCESS. IN EFFECT,ART.11.04 STATES THAT "EVERY PROVISION RELATING TO THE WRIT . OF HABEAS CORPUS SHALL BE MOST FAVORABLY CONSTRUED IN ORDER TO GIVE EFFECT TO THE REMEDY,AND PROTECT THE RIGHTS OF THE PERSON SEEKING RELIEF UNDER IT". WITH THIS SAID, I RESPECTFULLY IMPLORE YOUR DISERe ETIONAL AUTHORITY TO REVIEW,AND INTERVINE AS APPROPRIATE TO THE FOL LOWING: (QUOTING RULE 79.2(a) A MOTION FOR REHEARING AN ORDER THAT DEiSJIES HABEAS CORPUS RELIEF UNDER CODE OF CRIMINAL PROCEDURE ,ART, 11=07 OR 11.071,MAY NOT BE FILED. THE COURT ON ITS OWN INITIATIVE RECONSIDER THE CASE .-AMENDED JULY 12 ,2011 ,EFF. SEPT. 11 ,2011-T . 2010 WL 546676 (Tex. App.—El Paso, Feb. 17, 2010, pet. dism'd). 2See Haines v. Kerner,404 U.S. 519, 520 (1972) (holdingprose pleadings to less stringent standards than formal pleadings drafted by lawyers); see also Franklin v. Rose,765 F.2d 82, 85 (6th Cir. 1985) (explaining that liberal construction allows for active interpretation of&pro se pleading to encompass any allegation which may raise aclaim for federal relief). ATTACHMENT (A)