Dubose, Ronald Whit

• Court: Texas Supreme Court
• Decided: August 26, 2015
• Docket: WR-83,253-03
• Status: Published

Opinion

TEXAS COURT OF CRIMINAL APPEALS AT AUSTIN TEXAS ~E~EIVED ~~ COU~I OF CRIMINAL APPEALS

AUG 26 2015 HR-83,253-01

RONAL$ WHIT _DUBOSE, APPLICANT. . Th1s document contains some v. pages that are of poor quality THE STATE OF TEXAS, APPELLEE at the time of imaging.

Out of the 25th District Court . ,; Guadalupe County, Texas Trial Court Cause No.07~i246-CR-A On Application for Writ of Habeas Corpus ··,, TEX~C.CRIM.P. art.11.07

APPLICANT 'iS MOTION TO COMPEL J

RONALD WHIT DUBOSE,#1753794 ELLIS UNIT- APPLICANT; PRO SE 1697 FM 980 HUNTSVILLE, TEXAS 77343

1 JURISDICTION This Court has jurisdiction of this case TEX.C.CRIM.P. ART.·'

4.04. I. GROUNDS OF REVIEW

Applicant filed a Writ of Habeas Corpus ·in the 25th District

Court of Guadalupe County, Texas •.· Thereafter, said court, . prior to making a finding of fact anq'~onclusion of law, sent the writ

up to this Honorable Court for.review. This Honorable Court issued

an ORDER to the said District C9ur~, ordering said court to hold l

a hearing on the issues within the said writ and thereafter,

send them up to this Honorable Court~ The said District Court

Clerk sent this Honorable Court a supplemental clerk's record

without allowing applicant the chance to read or file a rebuttal

ther.eto, prior to said records being sent up to this Honorable

. Court. Thus, denying applicant . his rights·· to due process and

equal protection of the law. The subject matter of the information

sent up to this Honorable Court was to be the testimony of Applicant's

trial Counsel, wh~Applicant asserted in the writ to be ineffective.

To deny applicant-the right to see what was said and allow applicant

a chance to view and rebutt any unture allegations/testimony

breaches applicant's constitutional rights secured under the

U.S. and Texas Constitution. For these reasons, applicant's requesting

that this Court remand this case back to the trial court to allow

applicant his rights to due process. That a copy of the supplemental

record thereto, be provided to applicant \vithout charge. That

the en~ire record in this case be provided to applicant free

of charge, due to applicant being indigent and without funds.

2 That all further proceedings in this Honorable Court be STAYED until applicant has had the chance to obtain a copy of said records and thereafter file a meaningful rebuttal if one is necessary. Thereafter, that the case be. sent back up to this Honorable Court for further exhaustive review.

P R A Y E R

Applicant prays this Honorable Court will see the need to allow applicant to stay any futther proceedings in this case and remand this case back to the trial court to allow applicant to obtain a copy of the supplemental records and the records sent up to this Honorable Court, and thereafter,. file a meaningful rebuttal if one.,is needed. That this Honorable Court would ORDER this J?istrict Clerk of Guadalupe County, Texas to provide applicant '·- a free·~~PY of the supplemental records ~nd a copy of~the entire .·:~~.;~:-> - record,'s~~·ri\.· up to this Honorable Court for review, free of charge ;· .. l ' .•• '., .. due to appli~~~t being an indigent prisoner without funds or any way of making money. Applicant requests any other relief

that this ~onorable Court deems just in reaching the ends of justice in this matter.

TEXAS 77343

3 UNSWORN DECLARATION

I, Ronald Whit DuBose, swear under the penalty of perjury that the statements made in the foregoing Motion to Compel are true and correct to the best of my knowledge and understanding. Executed on this the /1 day of August 2015.

£.JfJwE~ RONALD WHIT DuBOSE,#1753794 APPLICANT, PRO SE

CERTIFICATE OF SERVICE This is to certify that a true and correct original copy of the foregoing Motion to Compel has been mailed by U.S. Mail to the Clerk of the Court of Criminal Appeals, and to the District Clerk of Guadalupe County, Texas, on this the ~~ day of August 2015~

F~lJM~ RONALD WHIT DuBOSE,:rJ53194 APPLICANT, PRO SE O.B. ELLIS UNIT 1697 FM 980 HUNTSVILLE, TEXAS 77343

---~-- --~---··--------·----- WR-83,253-01 ''"1

Dear Honorable Clerk, August I 1 . ,2015 Please find enclosed for filing Applicant's Motion To Compel. Please file same and set this matter before the Honorable Court . ,;.

for ruling. I thank you for your time and efforts in this matter •

.Respectfully submitted,

~tJJ;J~@1L RONALD WHIT DuBOSE,# 1753794 APPLICANT, PRO SE O.B. ELLIS UNIT 1697 FM 980 HUNTSVILLE, TEXAS 77343

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