Davis, Irvin Ray

• Court: Court of Appeals of Texas
• Decided: May 6, 2015
• Docket: WR-78,203-04
• Status: Published

Opinion

ument contains so!"e Mr. Abel Acosta, Clerk \hiS doc ,_,.of poor quaht\f Court of Criminal Appeals of ~t~at arv·maging. P.O. Box 12308, Capitol Statiat,rthe t1me of 1 Austin, Texas 78711 RECE~VED ~~~ RE: Submission of Writ of Mandamus COURT OF CRlMINt'.L liPP~.LS

Dear Clerk, MAY 06 2015

Enclosed please find my Original Application for writ ~~~~~~~~,,Cferk in Trial Court Number 1193809-C, in l84th.Judicial District Court of Harris

County; Texas. If possible, I ask that a file stamped copy of this appli~ation,

or a letter of positive acceptanc_e of the application be returned to me for

my own perosonal records.

Thank you in advance for your time, patience and effort in considering

my most humble request.

Respectfully submitted,

Irvin R. Davis TDCJ-ID# 1653531 Geroge Beto Unit 1391 FM 3328 Tennessee Colony, Texas 75880 Cause No.

EX PARTE § COURT'_ 'OF::CRIMINAL .•. § § IRVIN R. DAVIS, § TDCJ-ID# 1653531, Relator § .. OE'TEXAS

RELA'lm' S APPLICATION FOR WRIT OF MANDAMUS

'ID THE HONORABLE JUIX;ES,~OF .. ·THE COURT OF CRIMINAL APPEALS OF TEXAS:

COMES NOW IRVIN R.DAVIS, how and henceforth named as the Relator in

the above numbered and captioned cause, and Jiles this Application For Writ

of Mandamus, an extroainary writ, seeking relief of violations of Article

11.07 of the Texas Code·of Criminal Procedure, and in support the~eof the

Relator will show. the following:

:n:. RELATOR

Irvin R. Davis, TDCJ-ID# 1653531, is an offender incarcerated in the

Texas Department of Criminal Justice and is appearing pro se, who can be

located at 1391 FM 3328, Tennessee Colony, Texas.

Relator has exhausted his remedies and has no other adequate remedy

at law. The act sought to be compelled is mfnisterial, 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 writ

of habeas'corpus,·any answers filed and a certificatereciting 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 appJ:ication for writ of habeas

corpus, any answeres filed, and a certificate reciting the date upon which

that finding was made has been transmitted to the Court of Criminal Appeals.

Had such documents been transmitted to\the Court of Crimina-l Appeals by Responent

as required by statute, Relator.would hatve received notice from the Court

of Criminal Appeals.

te.ge 1 of 3 Respondent, Ch.ris:::Dafiiel>;~,::;in:h±.S~;capacd:ty.~;asl:District Clerk of Harris

County, Texas, has a ministerial duty to receive and file all papers in a

criminal ·proceeding 1 and perform all other duties imposed on the cle.rk by

law pursuant to TCCP Art. 2.21, and is responsible under TCCP 11.07 Sec.

3(c) to immediately transmit to the Court of Criminal Appeals a copy of the

application for writ of habeas corpus, any answeres filed1 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.

Chris Daniel, District Clerk of Harris County, Texas, may be served

at his place.··of business at P. 0. Box 4651, Houston/ Texas 77210-4651.

III- Violation of Article .11.07 of. tfie TEXAS CX>DE OF CRIMINAL PROCEDURE

The Respondent violated Article 11.07 Section 3(c) of the Texas Code

of Criminal Procedure by failing to provide 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 within

the time prescribed by law.

Relator has gone well beyond any requirement or obligation imposed upon

him by the Texas Code of Criminal Procedure. Article 11.07 Section 3(c)

clearly states that "[i]f the convicting court decides that thec-e are no

such issues, 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 b.TI the Court to act within

the allowed 20 days shall constitute such a finding. " 'IEXi~ CXDE CRI:M. P. 1 art.

11.07 fee. 3(c). Respondent is in violation of this· procedure/ ministerial

duties, and thus the laws of tnisJstate.

Eaje 2 of 3 IV. PRAYER

WHEREFORE PREMISES CONSIDERED, Relator prays that the Court will grant

the relief sought in this application, by ordering the Respondent to immediately

transmit its findings to the Court of Criminal Appeals, on the face,;~of the

pleadings within this application.

Irvin R.Davis TDCJ-ID# 1653531 George Beto Unit 1391 FM .3328 ·' Tennessee Colony, Texas 75880

INMATE DOCLARA.TION Pursuant to Title 6, Texas Civil Practice and Remedies Code §§ 132.001~003.

r, ., IRVIN R:~. DAVIS I TDCJ-ID# 1653531 , being

presently incarcerated at the George Beto Unit, in Anderson County, Texas,

do. declare under penaity of perjury that I am the Relator in the foregoing

Application for Writ of Mandamus, and all statements contained therein are

true and correct.

Singed on this the 2: day of ~JV\---'---. . . .1\L--L-'{_..___ _ _ _ _ _, 20 J5 . -,

Pa;)e 3 of 3 Cause No. 1193809-C

EX 'PARTE COURT OF CRIMINAL § IRVIN R.DAVIS~ § APPEALS § OF TEXAS TDCJ-ID# 1653~31,RELATOR § §

ORDER On , 2015,th~ Realtor 1 s Application foi ---- Writ of Mandamus came to be considered.The Court firids that the relator is entitled to the relief sought,and it is ~: THEREFORE ORDERED. ·..fhal_t the District Clerk of Harris County, Texas immediately transmit a copy of the relator's application,attached· Memorandum of Law, answers filed, and acertificate reciting the date upon which those findings were made,to the Court of Criminal Appeals of Texas.

Signed on ---------------

JUDGE-PRESIDING----------------- CERTIFICATE OF SERVICE;::;

This is to certify that on May 8, 2015, a true and correct copy of the

. foregoing Application for Writ of Mandamus was placed in the United States

Mail, to be delivered to the Harris County District Clerk's Office, Mr. Chris

Daniel, at·P.O. Box 4651, Houston, Texas 77210-4651.

Sigr).ed oni:this the __J__ day of _ _.M'---'-~"---". Y~·--------' . 20 /5 .