C.~USE NO. F 0816393
MARK WAYNE COLE § IN THE 420th JUDICIAL
TDCJ-ID# 1612025 §
vs. § DISTRICT COURT OF
Loretta Carrmack-COUNTY DISTRICT §:
CLERK IN HER OFFICIAL § RECEIVED IN CAPACITY, RESPONDENT § NAcoGr:q:{}ijR~~Miroiii~~PEALS
I. FEB 09 2015
TO THE HONORABLE. JUDGE OF SAID COURT:
COMES NOW, MARK WAYNE COLE, Relator, PRO SE in the above styled and numbered
Cause and Action :and files this ORIGINAL APPLICATION FOR WRIT OF MANDAMUS,
Pursuant to Article 11.07 Section 3 ( c )of the Texas Code of Criminal Procedure,
and would show th~ Court the following:
B. RELATOR
l. 01 Mark Wayne Cole, TDCJ# 1612025 is an Offender currently incarcerated
in the H.H. Coffield Unit, Anderson County, Texas 75884.
1. 02 Relator has exhausted his remedies and has no other adequate remedy
at law.
1.03 The Act sought to be compelled is ministrial,not discretionary in
nature. TCCP Art. 11. 07.
Section 3 (c) requires Respondent to immediately transmit to
the Court of Criminal Appeals a copy of the Application for Wtit
of Habeas Corpus,and ___ :my answeres filed. 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. No copy of the Appl-
i cation .for Writ of Habeas Corpus,any answers filed, and a certificate
reciting the date upon which that finding was made have been transmi-
tbd to the court of Criminal. App2als had such docu11:nt:.s been trans::nH.fed
--1--- TABLE OF CONTENTS
Applicati~n ________ 1
Rclat~r's Inf~r~ation
R~spondent's Information
Respondent's Vi~lation
Prayer for Reli:f
Affidavit
Certificate 0f Service
Exhibit "A"
Bxhibit "B"
Exhibit "C"
Exhibit "D"
--0-·--C:: Court ::.of criminal Appeals by Respondent as required by Statute. Relator
w~ulca: have received notce from the Court of Criminal Appeals.
II.
c. Respondent
2.01 Respondent, Loretta Cammack, in her capacity as District Clerk
of Nacogdoches County,Texas has a ministrial duty to receive and file
a l1 ; papers in a Criminal Proceeding: And perform ai-l ·other duties
imposed on the Clerk by law Pursuant to Art. · 2.21 and is· responsible
under TCCP 11.07 Sec. 3(c)to immediately transmit to the Court of Crim.
App. a copy of the Application for Writ of Habeas Corpus1and any answers
f iled1 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.
Loretta Cammack, District Clerk, Nacogdoches'County may be served
at her place of business at 101 w. Main st. Roomm 120-Nacogdochesl Texas
75961. III. D. VIOLATION OF ARTICLE 11. 07 OF THE TEXAS CODE OF CRIMINAL PROCEDURE
3. 01 The Respondent violated Art. 11.07 Sec. 3(c)of the Texas Code of
Criminal Procedure by failing to provide a copy of the Application for
Writ of Habeas Corpus1any answers filed,and a certificate reciting the
date upon which that fin ding was' made to the Court of Criminal Appeals 1
within the time. per scribed by law, and within a reasonable time from
the date on which the documents were received to be transmitted.
3.02 Requests for the transmittal of the Application for Writ of Habeas
Corpus,and a· certi-ficate reciting the date upon which that finding was
made by Relator to: Loretta Cammack', District Clerk,· Nacogdoches County 1 by
certified mail, letters dated December 16,2013 and january 29,2014(See
---2-- Attached Exhabits "A" and "B")The trial Court sent an order designating
the issues which was filed on December ll, 2013 3.5 well as a letter
s t:1ting Relator's Writ of Habeas Corpus was halted for further invest-
igation (See Attached Exhabit "C" )for order Designating Issues and
Exhabit "D" for letter stating Application for Writ of Habeas Corpus
had been halted. These requests by Relator made in good faith ~Pursuant
to Article 11.07 Section 3(c)of the Texas Code of Criminal Procedure.
3.03 To d3.te, Relator has received no resp::mse from Respondent regarding
relator's request for transmittal of a copy of the Application for
Writ of Habeas Corpus,any answers filed,or a certific:1te reciting
the date upon which that finding was made to the Court of Criminal
Appeals.
3.04 As is clear from Relator's letters, Relator has repeatedly put
Respondent on notice that Relator seeks the transmittal of a copy
of the Application for Writ of Habeas Corpus~any answers filed,and
a certificate reciting the date upon ~hich that finding was made
to the Court of Criminal Appeals, and such records are required by
the Court of Criminal Appeals to act on· Relator's Writ of Habeas Corpus
Relator has gone well 'beyond any requirement or obligations imposed
upon him by the Texas Code of Criminal Procedure. In contrast to Relat-
or's efforts, Respondent has wholly failed to comply with the Texas
Code of Criminal Procedure,, . Article ll. 07 Section 3 (c), is acting in
bad faith, and also failed to afford Relator the Professional and Common
Courtesy of any written responses to his correspondence and requests.
3.05 Article ll. 07 Section 3 ( c )clearly states that, "if the convicting
Court decides there are no such iswsues, 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 of the Court to act within the allowed
--3--- t~ansmit to the Court of Criminal Appeals a copy of the Application, any answers
filed, and a certificate reciting the date upon which the finding was made.
Failure of the Ccurt to act within the allowed (20)days shall constitute
such a finding. Texas Code of Criminal Procedure Article 11.07 SECTION 3(c).
Respondent is in violation of this procedure, ministrial duties and thus
the laws of this State. IV.
Prayer for Relief
WHEREFORE, PREMISES CONSIDERED, Relator, Mark W. Cole, pro se respectfully
requests a finding that the Respondent did not transmit documents to the Court
of Criminal Appeals within a reasonable time after the date they were requested
and that relator brought forth this Litigation in good faith,and has Substantia-
lly Prevailed. Relator prays for an Order directing Respondent to transmit
a copy of the Application for Writ of Habeas Corpus, and any answers filed, and
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 Section
3(c) of the Texas Code of Criminal Procedure and in the .Relator's letters,(
Exhibits "A" and "B" ) .
~d, Mark W. Cole,Relator
E. AFFIDAVIT
I swear under oath that the facts and allegations in the above Application
for Writ of Mandamus are true and correct.
Relator
UNSWORN DECLARATION
Pursuant to Title 6, Section 132, v.c.S.A Civil Practice and Remedies Code,
and Senate Bill #245 effective September lst. 1987. I, Mark ,:,· .w. Cole, T. D. c. J. -c. I. D. #1612025, Being presently incarcerated
in the Texas Department of Criminal Justice Institutional Division located
in Anderson County at the H.H.
Free access — add to your briefcase to read the full text and ask questions with AI
C.~USE NO. F 0816393
MARK WAYNE COLE § IN THE 420th JUDICIAL
TDCJ-ID# 1612025 §
vs. § DISTRICT COURT OF
Loretta Carrmack-COUNTY DISTRICT §:
CLERK IN HER OFFICIAL § RECEIVED IN CAPACITY, RESPONDENT § NAcoGr:q:{}ijR~~Miroiii~~PEALS
I. FEB 09 2015
TO THE HONORABLE. JUDGE OF SAID COURT:
COMES NOW, MARK WAYNE COLE, Relator, PRO SE in the above styled and numbered
Cause and Action :and files this ORIGINAL APPLICATION FOR WRIT OF MANDAMUS,
Pursuant to Article 11.07 Section 3 ( c )of the Texas Code of Criminal Procedure,
and would show th~ Court the following:
B. RELATOR
l. 01 Mark Wayne Cole, TDCJ# 1612025 is an Offender currently incarcerated
in the H.H. Coffield Unit, Anderson County, Texas 75884.
1. 02 Relator has exhausted his remedies and has no other adequate remedy
at law.
1.03 The Act sought to be compelled is ministrial,not discretionary in
nature. TCCP Art. 11. 07.
Section 3 (c) requires Respondent to immediately transmit to
the Court of Criminal Appeals a copy of the Application for Wtit
of Habeas Corpus,and ___ :my answeres filed. 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. No copy of the Appl-
i cation .for Writ of Habeas Corpus,any answers filed, and a certificate
reciting the date upon which that finding was made have been transmi-
tbd to the court of Criminal. App2als had such docu11:nt:.s been trans::nH.fed
--1--- TABLE OF CONTENTS
Applicati~n ________ 1
Rclat~r's Inf~r~ation
R~spondent's Information
Respondent's Vi~lation
Prayer for Reli:f
Affidavit
Certificate 0f Service
Exhibit "A"
Bxhibit "B"
Exhibit "C"
Exhibit "D"
--0-·--C:: Court ::.of criminal Appeals by Respondent as required by Statute. Relator
w~ulca: have received notce from the Court of Criminal Appeals.
II.
c. Respondent
2.01 Respondent, Loretta Cammack, in her capacity as District Clerk
of Nacogdoches County,Texas has a ministrial duty to receive and file
a l1 ; papers in a Criminal Proceeding: And perform ai-l ·other duties
imposed on the Clerk by law Pursuant to Art. · 2.21 and is· responsible
under TCCP 11.07 Sec. 3(c)to immediately transmit to the Court of Crim.
App. a copy of the Application for Writ of Habeas Corpus1and any answers
f iled1 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.
Loretta Cammack, District Clerk, Nacogdoches'County may be served
at her place of business at 101 w. Main st. Roomm 120-Nacogdochesl Texas
75961. III. D. VIOLATION OF ARTICLE 11. 07 OF THE TEXAS CODE OF CRIMINAL PROCEDURE
3. 01 The Respondent violated Art. 11.07 Sec. 3(c)of the Texas Code of
Criminal Procedure by failing to provide a copy of the Application for
Writ of Habeas Corpus1any answers filed,and a certificate reciting the
date upon which that fin ding was' made to the Court of Criminal Appeals 1
within the time. per scribed by law, and within a reasonable time from
the date on which the documents were received to be transmitted.
3.02 Requests for the transmittal of the Application for Writ of Habeas
Corpus,and a· certi-ficate reciting the date upon which that finding was
made by Relator to: Loretta Cammack', District Clerk,· Nacogdoches County 1 by
certified mail, letters dated December 16,2013 and january 29,2014(See
---2-- Attached Exhabits "A" and "B")The trial Court sent an order designating
the issues which was filed on December ll, 2013 3.5 well as a letter
s t:1ting Relator's Writ of Habeas Corpus was halted for further invest-
igation (See Attached Exhabit "C" )for order Designating Issues and
Exhabit "D" for letter stating Application for Writ of Habeas Corpus
had been halted. These requests by Relator made in good faith ~Pursuant
to Article 11.07 Section 3(c)of the Texas Code of Criminal Procedure.
3.03 To d3.te, Relator has received no resp::mse from Respondent regarding
relator's request for transmittal of a copy of the Application for
Writ of Habeas Corpus,any answers filed,or a certific:1te reciting
the date upon which that finding was made to the Court of Criminal
Appeals.
3.04 As is clear from Relator's letters, Relator has repeatedly put
Respondent on notice that Relator seeks the transmittal of a copy
of the Application for Writ of Habeas Corpus~any answers filed,and
a certificate reciting the date upon ~hich that finding was made
to the Court of Criminal Appeals, and such records are required by
the Court of Criminal Appeals to act on· Relator's Writ of Habeas Corpus
Relator has gone well 'beyond any requirement or obligations imposed
upon him by the Texas Code of Criminal Procedure. In contrast to Relat-
or's efforts, Respondent has wholly failed to comply with the Texas
Code of Criminal Procedure,, . Article ll. 07 Section 3 (c), is acting in
bad faith, and also failed to afford Relator the Professional and Common
Courtesy of any written responses to his correspondence and requests.
3.05 Article ll. 07 Section 3 ( c )clearly states that, "if the convicting
Court decides there are no such iswsues, 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 of the Court to act within the allowed
--3--- t~ansmit to the Court of Criminal Appeals a copy of the Application, any answers
filed, and a certificate reciting the date upon which the finding was made.
Failure of the Ccurt to act within the allowed (20)days shall constitute
such a finding. Texas Code of Criminal Procedure Article 11.07 SECTION 3(c).
Respondent is in violation of this procedure, ministrial duties and thus
the laws of this State. IV.
Prayer for Relief
WHEREFORE, PREMISES CONSIDERED, Relator, Mark W. Cole, pro se respectfully
requests a finding that the Respondent did not transmit documents to the Court
of Criminal Appeals within a reasonable time after the date they were requested
and that relator brought forth this Litigation in good faith,and has Substantia-
lly Prevailed. Relator prays for an Order directing Respondent to transmit
a copy of the Application for Writ of Habeas Corpus, and any answers filed, and
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 Section
3(c) of the Texas Code of Criminal Procedure and in the .Relator's letters,(
Exhibits "A" and "B" ) .
~d, Mark W. Cole,Relator
E. AFFIDAVIT
I swear under oath that the facts and allegations in the above Application
for Writ of Mandamus are true and correct.
Relator
UNSWORN DECLARATION
Pursuant to Title 6, Section 132, v.c.S.A Civil Practice and Remedies Code,
and Senate Bill #245 effective September lst. 1987. I, Mark ,:,· .w. Cole, T. D. c. J. -c. I. D. #1612025, Being presently incarcerated
in the Texas Department of Criminal Justice Institutional Division located
in Anderson County at the H.H. Coffield Unit, 26612 FM 2054 in Tennessee
Colony Texas 75884; now declare under penalty of perjury, that the forgoing
"Affidavit Relating to Previous Filing" is true and correct.
Executed on this, the day of January, 2015.
~tprose Coffield bnit-'1'·~ o·. c. J. -c. I. D. 2661' FM 2054 Tennessee Colony, tx. 75884
...-v' .......
\ \
(2) f
NACOGDOCHES COUNTY - District Clerk Loretta Cammack
Mark Wayne Cole-TDCJ-#1612025 Coffield Unit 2661 FM 2054 Tennessee Colony, Tx 75884
Dear Mr. Cole,
Our office received letter regarding the status of your application for writ of habeas corpus. Your letter related that this office has not responded. This is not an accurate statement. This office sent you a letter on 12/27/2013 with a certified copy of the Order Designating Issues and an explanation of what this orderis. This office primarily is the filing destination for court documents. The District Clerk's office is not responsiblefor expediting the process of applications for writs of habeas corpus especially in the event of an Order Designating Issues. To learn more about your status, you should ci:mtactJudge Klein's office. Included are tile documents you requested.
All of the folluwing information is true and correct to the best of my knowledge on this day September 15, 2014.
LORETTA CAMMACK DISTRICT CLERK NACOGDOCHES COU~TY, TEXAS
l 0 l West Main Street, Room 120 Nacogdoches, TX 75961 (936) 560-7730 • (936) 560-7839 Fax lcammack@co. nacogdoches. tx. us A ~
$ i§;i700 Qertilied Fee $tltW rn CJ Return Receipt Fee CJ (Endorsement Required) ~® CJ Restricted Delivery Fee (Endorsement Required)· ~.$> D I'- co Total Postage & Fees $ '111~~ .-=1 D .-=1 rn:c--·~.··· :··;·-.·.:c·c D r'- f..,, •..~,-.--
SENDER: COMPt.ETE7HIS S~CTION COMPLETE THIS SECTION ON DELIVERY
DYes 1. Article Addressed to: 0 No Ov·t~l, -t- le
7010 1~7b 0003 5733 3367 2. Article Number (Transfer from service /abelj ..
PS Form 38,11 , February 2004 Domestic Return Receipt. t02595·02·M·1540 . NACOGDOCHES COUNTY District Clerk . Loretta Cam mack
December12, 2013
Mark Cole #1612025 Coffield Unit 2661 FM 2054 Tennessee Colony, Texas 7 5884
F0816393-A
Dear Mr.Cole,
Judge Edwin Klein has issued an order designating issues. This means the application for writ of habeas corpus has been halted until · the issues in the order have been investigated.
Yours Very Truly,
Loretta Cammack District Clerk . ~a ogdoches County, Texas -
Phillip~~rk \ . '
.~ v Laurie
Cc: Nicole Lostracco
I 0 I West Main Street, Room 120 Nacogdoches, TX 75961 (936) 560-7730 • (936) 560-7839 Fax: lcammack@co. nacogdoches .tx. us FILED ;lA'tWGOOGHES COW4 fY CAUSE NO. F0816393-A TEXAS 13 DEC I I PH f: 11 420 ~1~?.~ COURT 1 EX PARTE § IN THE
OF OISiRICT·C~ERK '
MARK WA YNECOLE NACOGDOCHES COUNTY, TEXAS
ORDER DESIGNATING ISSUES
Having reviewed the applicant's petition for writ of habeas corpus, the Court finds that ihere are controverl
1. Whether Applicant received etlective assistance of counsel prior to entering his plea of guilt;
2. Whether Applicant entered his plea of guilt voluntarily.
Therefore, pursuant to Te:
Signed on the II th day of December, 20\3.
~~-;_{~· ffiWIN A. KLEIN . PRESIDING JUDGE
The undersigned does hereby certify that the foregoing is a true and correct copy of the original instrument as the same appears in the official records of the District Clerk of Nacogdoches County, Texas. _:5 CERTIFIED t11is the~ day of.J2et~. 20_/· LOREIT~A CA MACK~Dis~~rk. tJ, .. /2-. BY: _ _ .cU/J..Ld._':;tYdL1LU1f~ Deputy Certified Copy Loretta Cammack
Court CJerk
Dear Ms. Cammack,
I am writing tc you in resards of my r.,!rit and f'ilotion~. coui).c1 yc.u, telk .. 4~~:..{"·~: ~. = _1:::>- ~
c..:.;, ~J me where or at \vhat stage my vJrit and Mot:ion.s are at, a~hd c(")~~ld vo!l1 . ~~ Post=> :;-:: . ' , j-.:=·T, ~- __ -'"F' C) 0 D<::te my last Motions and send me a copy of th<;m, as well as how:=:lpng lr.:--"Ca ~~-) ....: ~· :::~ :,':.-:: .:y, ::-...:=:--cr· ::o :.' ..1::.-:-n::t to get an answer? 0 ~ ::::= ::.1 1 Ul C: ~ ~ n ~ n, ; r ~ t?? c' c: ~~ ~ -:-- -l ~I \"...-~.) ·-< ( I
~ Re1;pectfull '.',
. ,tJT(I~(} i~ X·---. 4/J j_;/ ff, l /"I 7 61 U i-- .< ._..) -··· . . ·~· :j . ·,_..: . . '--~-:-·~·-:--·
,. ;j
.· i NACOGDOCHES COUNTY District Clerk Loretta Cammack -· ,,,,. •' '''-'". ~-··. ,._,,, ~ ·,.. ,:..,.. .. ~-"_...-~.-,,-.-.,·,.:· ._-~ ,.-... ·_,, ___ ·,..,·-~---- -......--.•.. -.... -.,--.. _-_. -,_-....,.--, .. -_,-,.-, . -"'-~"-···-,,- .... .. -:..::,.. -..,.._-"··. --... -_.. -,:·... - -.~-:-.- _ ..--.--.. -,·-_, ..,. ,.
December 27, 2013
Mark Cole #1612025 Coffield Unit 2G61 FM 205t1 Tennessee Colony, Texas 7 5884
Judge Edwin Klein has issued an order designating issues. This means the application for writ ofhabeas corpus has been halted until the issues in the order have been investigated.
Loretta Cammack District Clerk Nacogdoches County, Texas
~Ph,ll.~D .ua ur1e . 1 1ps, eputy - C.l k er
I0 I West Main Street, Room 120 Nacogdoches, TX 7 5961 (936) 560-7730 • (936) 560-7839 Fax ' lcammack@co.nacogdciches.tx.us Deac Clerk/Judge,
the District Attorney and Trial Judge due to the Prosecuto~:'s misconduct,the
Tr-ial J1.1dge' s abuse of discretion aQ,d gross negligent violations of Petition0·- r- f C• L ~> State 2ncJ Fecier.:il R.ights.
5th 1 6th,8th and 14th Amendments as well as violations of S.B. 11.2 Amc~nded
to S. B. 1940 and S.B. 1.55\/.by 8lst Texas Legislature. The Petitionee's incompet-
ency and mental instability are of such a level that specialized (Veteran's
t
Patitioner needs specialized care not available in TDCJ-CID. tet the record
be known that I am being har-cessed by Correctional Officer-s from Majors do•t~n
to CO's. Denial of access to my legal mail, denied the right to the La1v Libr-ary
and even medical care, my celigious activities, suffering abusive language.I'm
cequest ing assistance by issuing Ot:"ders for them to leave me alone. S.i.r , will
you please assign me an attorney to represent me at my hearing and to assist
in 11.07 Writ of Habaes Cot:"pus due ·to my lack of knowlecge and undet·standin·:::
of the Jaw.
I r-espectfully request that you also honor my req,uest for· an evidentary
hearing and to be Bench War-t:"anted to said hear.i~.
Respectfully/
xff/l;_:}_64_ _____ Mack Wayne Cole 411612025 101 West r1ain-Room 120
r>.iacoqdoc:-:t8s,.. Texas 75961
IDear Clerk of the Court,
Please forward me a copy of Motions for Evidentary Hearing, M:)tion
Requesting a Bench Warrant, as well as a copy of Affidavit in Support of
11.07 Writ of Habaes Corpus. Also, please advise as to their status,whether
they have been Approved, Denied or Pending.
Respectfully,
X CffluJ u Mark Wayne Cole #:1612025 [Mr. Agnew even sent 'another Attorney by the name of Duke Brazelton about
taking the offer made by Mr. Agnew. Mr. Agnew even Waived my Rights without
my knowledge or consenL as well as ~vaving my Rights to a Competency Hearing
in which he had absolutely no right to do, because I didn't understand while
being very heavily medicated and not in a right state of mind].
I am requesting an Evidentiary Hearing and the right to be present at Said
·Hearing by Order of a Bench t'larrant. I also request to be appointed Counsel
at Said Hearing so that I may consult with Said Attorney. Prison conditions during Lockdowns restr-ict o [fenders from going to the Prison Law Library and
only allow us 2(two)Law Books every other day, which makes access to the Courts
even more difficult for us. With NO disrespect intended YOUR HONOR, justic~
has failed me and I've suffered a grave injtwstice!·
Respectfully Submitted,
X vrlJ &t.i!:I612DH Mark Wayne Cole, TDCJ #1612054 Coffield Unit-TDCJ-ID 2661 FM 2054 Tennessee Colony, Tx. 75884
~ },·- S-1~ THE STATE of TEXAS NACcx:;JX)CHES COUNTY, TEXAS
APPLICANT'S [PERSON.Z>.L li\FFI~VIT]
( Comes Now Mark Wayne Cole, TDCJ-ID#l612025 who asked Mr. William Agnew
to remove himself from my Case in January of 2009. I fired him in writing
and he told me that I couldn't do that, and the Judge wouldn't allow me to
fire him either. My reas?n for firing him was that, he didn't investigate
the facts pertaining to my Case. Mr. Agnew said that there was no reason
to investigate any of my witnesses.and neither did he investigate the SBs
under the 8lst Legislature. Mr. Agnew'didn't investigate the facts concerninq
my actual innocence, nor did he investigate NGRI[Not Guilty By Reason of
Insanity], telling me that I couldn't make such a plea.
He only brought one plea bargin offer, and when I wouldn't agree, he
threatened me, coerced me and defrauded me by makinq an involuntary plea b·E--fore tell inq me once again that I couldn't make a plea of NGRI. It was
during August/September throuqh November 2009 when I was heavily medicated
on Psych medication from North Texas State Hospital per Judge's orders! I
was in such a state that my mind was clouded from the heavy medication, and
I was. clearly unable to reason or conclude anything whatsoever. I didn't understand anythinq that was happening during Said Trial, nor did. I understand
the ongoing from October of 2008 to November of 2009, to this present time, I
just don't know what happened! CAUSE NO.
MacK. ·w.eole_ Applicant,
THE EVIDENTARY HEARING COMES NOW ,Maf.ls..vJ.Col e , TDCJ CID # /61:J.;2'i , Applicant in the above-styled
and -numbered cause and files this motion to request to be bench. warranted back to this county in order to be present at the evidentary hearing, and shows· good cause to GRANT this motion as follows: 1) the Applicant belives that he has a right to be present __ :~ to provide or. explain any document that may reviewed by this court and to hold a--proper argument against the state's case in chief, as provided by the U.S. Constitution, Amendments 5 and 14. 2) Seeing that the Applicant is present would be benefitial to this court upon
any confusion that may occur or upon any explaination. PRAYER
The Applicant prays that this court will GRANT this motion and order that the Applicant to be bench warranted to this county in order to be present at his evid- entary hearing. INMATE DECLARATION
I, MorKvJCde , TDCJ# Ji:,/J.._o;)..5 , being incarcerated in the TDCJ-CID Coffield ' unit in Anderson County, Texas, do declare that the.for going is true and correct under the penalty of perjury. EXECUTED THIS DAY OF NOVEMBER ' 2013
it ted,
1 CAUSE NO.
Mc..rK. w.Cale § Applicant, § § v. § § The State of Texas, § Appellee.
NOW COMES,.LVlc-tn:.~w..Cole , TDCJ #it:.ldo2.~, Applicant in the above-styled and -numberd cause and files this motion to request for an evidentary hearing on the medical records and military records, and shows good caus= to GRANT this motion as follows: 1) The Applicant filed a habeas corpus writ application within this court on· or
about Oct. 22nd of 2013. The Applicant raised several grounds that involves the Applicant's medical history of posttrumatic stress disorder and trumatic brain injury from a series of trumatic military experiences. 2) The Applicant requests that this court will hold and conduct a:1 evidentary
hearing on s:Jch records because the applicant believes that the medical history can and will provide an adequent vehicle in order to support the applicant's claim of involuntary plea bargain. Additionally the Applicant believes that this evidence would be favorable to all parties in order to see that justice is done. 3) Further the Applicant asserts that he, still to this day, h~s not seen his
indictment, nor any other documents that pertain to this case at hand and further requests that this court will grant the applicant this oppertunity to have an evidentary hearing in order to pcoperly exhaust his presented claims to this court. PRAYER
Tn2 Applicant prays that this court will GRANT this motion and request for an e·v-identary hearing on this e·;Jidence at hand in order that the Applicant can have the courts ruling on this presented evidecne. In alternative, the Applicant prays for an evident;:try hearing on any other e·;,ridence that this court sees fit.
PAGE 1 OF 2 .. INMATE DEcu.RATION
I, .MaCK \N. C<)i e TDCJ #!L,!.lo:J£ , b2ing incarcerated in the TDCJ-CID Coffield unit Ln Anderson County, Texas, do declare that the for going is true and corre~t under the penalty of perjury.
EXECUTED Tt-1 CS DAY OF NOVlliBER ' 2013.
Respectfully Su\:xni t ted,
~e..& 2661 FM 2054 Tenn.coloGy, Tx. 75884 PRO-SE.
PAGE 2 OF 2 I