Davis, Warren Labon
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Opinion
fa~CE~YED' ~N COOAT OF CRffliiiN~t 4~&\lS IN THE JIJN 1.~ 2~15 COURT OF CRIMINAL APPEALS Ab~l ~cos~a, CU®rk OF TEXAS
APPLICATION FOR WRIT OF MANDAMUS
Trial Court Cause No. WOB-51421-Y(A) IN THE CRIMINAL DISTRICTCOURT NO.7, DALLAS COUNTY, TEXAS
STYLE: EX PARTE WARREN LABON DAVIS, Applicant
TO: THE HONORABLE COURT OF CRIMINAL APPEALS
COMES NCM, WARREN LABON DAVIS, TDCJ No. 15294201 currently an INMATE
in th~ TEXAS DEPARTMENT OF CRIMINAL JUSTICE, (TDCJ) 1 respectfully files his
PETITION for application for WRIT OF MANDAMUS asking the .HIGH COURT to issue
an ORDER to the lower convicting court compelling them to ACf1 and to FORWARD
the applicant's APPLICATION FOR WRIT OF HABEAS CORPUS to the COURT OF CRIMINAL
APPEALS without delay.
The APPLICANT also seek LEAVE OF THE HONORABLE COURT.TO ORDER the CLERK
OF DALLAS COUN'I'Y :TEXAS to preform her MINISTRIAL DUTY 1 and to TRANSMIT. said
APPLICATION FOR WRIT OF HABEAS CORPUS under cause No. WOB-51421-Y(A) to the
ffiURT OF CRIMINAL APPEALS within 30 days from the date of the COURT'S ORDER. WRIT NO. WOB-51421-Y(A)
FACTUAL STATEMENT OF THE CASE
On or about November 28; 2012 the applicant filed.his instant application
for WRIT OF HABEAS CORPUS with the CLERK OF DALLAS COUNTY TEXAS. Case No. WOB-51421 Y(A)
was assigned and the convicting COURT and DISTRICT ATTORNEY were both served with a copy of the WRIT.
On or about December 20, 2012 the COURT signed an ORDER allowing the DISTRICT
ATTORNEY time to resolve controverted/ previously unresolved. issues in the case.
One year later, on or about December 13, 2013 filed the STATE'S RESPONSE TO
THE APPLICATION :OR WRIT OF HABEAS CORPUSt and in 'it's response requested additional
time to file a SUPPLEMENTAL RESPONSE at a later date.
On or about March 10, 2014 the .STATE filed it's SUPPLEMENTAL RESPONSE TO THE
pending APPLICATION FOR WRIT OF HABEAS CORPUS but filed NO " Findings of Facts
and or Recommendation to the COURT on it's position with respect to said WRIT. "
Since the filing of the SUPPLEMENTAL RESPONSE filed on March 10, 2014 the
COURT, nor the CLERK has NOT taken any action whatsoever/ and to date, the APPLICANT'S
WRIT OF HABEAS CORPUS has just been sitting dormant in the CONVICTING COURT for a
[ Additional Year ] · now without DUE PROCESS. It is for those foregoing reasons
the. PETITIONER now seek permission from. the HONORABLE COURT OF CRIMINAL APPEALS
for issuance of a WRIT OF MANDAMUS , against the CRIMINAL DISTRICT COURT 7 IN DALLAS
COUNTY TEXAS, AND THE DISTRICT 9LERK OF DALLAS .COUNTY TEXAS compelling them to
ACT.
2). WRIT No. WOR-51421-Y(a)
·,
Applicant contends that he has complied with the Judicial requirements
governing the issuance of a STATE WRIT OF MANDAMUS and hereby offer the following
in support of said argument.
a) • Applicant 's Writ of Habeas Corpus was filed on 11/28/2012 and .received and processed by the CLERK OF THE COU\l'rY on the same date.
b) • . Said Writ of Habeas corpus was returnable \to the COURT OF CRIMINAL APPEALS OF TEXAS and therefore the CONVICTING COURT has a DUTY TO ACT.
c). Between December 20, 2013 to present date, the Applicant has both written letters to the CLERK OF THE COURT, and has elicited the help of family members by calling the COURT asking for the WRIT
to be !forwarded to the COURT OF CRIMINAL APPEALS.
d). As of the date of this filed APPLICATION FOR WRIT OF MANDAMUS, the
Convicting Court, nor the DISTRICT CLERK OF DALLAS COUNTY TEXAS has
·NOT transmitted or forwarded the applicant's WRIT to the HIGH COURT.
ADDITIONAL FACIDRS TO CONSIDER
Once the s·rNrE delays the transmission of a WRIT OF HABEAS CORPUS by issuing
an ORDER designating issues to be resolved' the C()DRT MUST enter it's FINDINGS OF FACTS
AND CONCLUSIONS OF LAW prior to saio transmission.. If the STATE has requested or
ORDERED an Affidavit. from any defense attorney resulting from a claim of Ineffective
Assistance of Counsel raised as a GROUND, the attorney. MUST comply with the
COURT'S ORDER.
3). WRIT No. W08~51421-Y(A)
In the STATE'S RESPONSE AND.SUPPLEMENTAL reply filed on 3/10/2014, the
DISTRIC'J' ATTORNEY representing the STATE request the following;
To that end, the STATE .requests that this COURT gather
eviden~e by requesting an affidavit from Applicant's Trial
Attorney, Mr. Scottie Allen whiCh provides the information
needed to dispose of Applicant's claims.
The applicant has NOT received a copy of any affidavit from Attorney Scottie Allen,
The applici>.nt has NOT received any Findings of Facts from the Convicting Court
and this DELay attempts to be a reason to Delay Justice and keep the applicant
incarcer.:z.tted when in fact he may be entitled to Relief.
The supreme Court has held that any delay outside of eighteen (18) months by
the CONVICTING COURT is impermissible, and a WRIT OF MANDAMUS should issue if sought.
Hete in this instance case NOW before the COURT, the convicting COURT has held the
applicant's APPLICATION FOR WRIT OF HABEAS CORPUS for over Two years and Seven months.
This is well outside of the zone of Judicial reasoning, and unacceptable.
Citing Johnson v. Rodger 917 F2d 1283
Martin v. Hamlin, 25 s.w. 3d 718, 719
4). WRIT NO. W-08-51421-Y(A)
PRAYER
Applicant pray the HONORABLE COURT OF CRIMINAL APPEALS issue an ORDER so
directing the DALLAS COUNTY DISTRICT.CLERK AND THE CONVICTING COURT TO ~onclude
it's . FINDINGS OF FACTS AND CONCLUSIONS OF LAW within 30 days from the date of the
COURTS.ORDER and to TRANSMIT the applicant's WRIT OF HABEAS CORPUS along with
any additional findings to the COURT OF CRIMINAL APPEALS without delay.
Signed and Submitted this /[f-h day of JUNE 2015
w~j warrenLan Davis Applicant/Pro Se
CERTIFICATE OF SERVICE
I, WARRENLABON DAVIS, TDCJ No. 1529420 ~ertify that a true and correct
copy of this foregoing inst~timent has been .served on the party listed below
via u.s. Mail, postage prepaid by placing in the prison mail box this /Jfh day
of JUNE 2015.
IN THE COURT OF CRIMINAL APPEALS P.O. Box 12308, Capitol Station Austin, Texas 78711 ~~- Warren Labon Davis Applicant/Pro Se
5). WRIT No. WOS-51421-Y(A)
INMATE UNSWORN DECLARATION
I, WARREN .L. DAVIS, TDCJ No. 1529420 declare under penalty of perjury
that all information listed herein Js dJue and correct to the best of my knowled~e,
I am currently incarcerated in TDCJ located at 1525 F.M. 766 Cuero, Texas 77954
in DEWITT COUNTY TEXAS.
Signed this / / +h day of JUNE 2015
1?-. :~---·=2 __] ~~ha~rr~e-n-~~L~.~~a~v~i-8------ Applicant/Pro Se
6). WRIT No. WOB-51421-Y(A)
SUPPORTING. J)()(lJMENTS- EXHIBITS
1). EXHIBIT (A). Confirmation of filedWRIT from the DISTRICT CLERK
2). EXHIBIT (B). Copy of Order designating issues from the Court GARY FITZSIMMONS DALLAS COUNTY DISTRICT CLERK
Date: November 28,2012
RE: W08·51421 Y(A)
Ex Parte: WARREN LABON DAVIS
Dear Mr./Ms.DA VIS
The application for Writ in the above styled cause has been referred to the CRIMINAL
District Court #7, · Dallas County, Texas for processing. Please be advised that all future
correspondence should indicate the above listed cause number.
Sincerely, ·
133 North Riverfront Blvd.
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