N::). - - - - - - fhi§ document contains some TRIAL COU:~:i' N~>. 1 ?40 l-A pagcua that are of poor qu~lity at Ui@ time of imaging. RECEIVED IN COURT OF CRII\IIINAL APPEALS
fEB 10 2015 IN RS T<.<;SSE FLORES it l/702:.7 2, '::'elar; or
.WRIT OF MANDAMUS
.. '>--. : -'";>o.~-- ...:, •. -----·· ' -.- --~-- - ' --
Pu:-::-sna.1t >:o T.C,C P- a;eL 11.07, p<=-;tition~=>r hereby fil~=>s thi!'\ e:xtor-
\ 1, Petitioner int.enos :to file ·9. writ of hr=lbeas coron.~ cna1l~=>ngina the vol-
untariness of his plea agreement and waiver of right to appeal claiming
ineffective assistance of counsel, competency issues and incomplete details
of the proceedings neccessary to make an informed decision as secured by
the U.S. Constitution's Sixth and Fourteenth amendments. "ineffective ass-
istance argument survives a waiver of appeal only when the claimed assis-
tance directly affected the validity of that waiver or the plea itself."
seeU.S. v. White, 307 F.3d 336,341-44 (5th Cir. 2002f
2. The acts sought are material and not discretionary in nature.
3. Petitioner filed these same requets with the trial court , which failed
or refused to rule, thereby exhausting all state remedies at law.
4. The case file in the possession of attorney Dominick J. Marsala was
(generated during the representation of the petitioner and belongs to the
petitioner) see Spivey v. Zant, 683 F.2d 881,885 (5th Cir.l982) -The case '- file is needed to prove ineffectiveness of trial and appellate counsels as
well as to develope evidence to support. a genuine issue of fact. 5. '1\hf·material sought is believed to contain exculpatory evidence and new
evidence not presented to the pettioner or at trial " discovery is warranted
where specific allegations before the court show reason to believe that
the petitioner may, if the facts are fully developed, be able to demonstrate
that he is entitled to relief." as in Reed v. Quarterman, 504 F.3d 465,471-72
(5th Cir.2007)
6. Petitioner has even requested the help of the State Bar with an active
investigation against said attorney ( ~ 201500286).
7. This Honorable Court is aurthorized to issue ORDERS enfocing the acts
sought in this writ per T.R.A.P. rules and can also remand this request to
the trial court to be ruled upon.
WHEREFORE the petitioner prays this Honorable Court Order the af- . I I
ore-me ~ioned attorney to p~oduce all material ge erated during the repres- !·~--:n~.?~-:~.ion. or: -l-~~1'7~ r;~~-j .;~--~_c·irF~Y~·:- i;ii·;-.hin /(\ 6;:,-yr3 c·r: ;-_:1:(:~ f~LlJ.U.\/ nr i-)tiS~ ()y-;~l.-c;r_~ entation of the petitioner within 20 days of the filing of this Order.
BE IT DECLARED that Dominick Marsala located at 1417 E. McKinney st.
in DeNton Texas 76209, is Ordered to surre rler casefiles and all materials
related to the representation of Jesse Flores j~ 1770272 at Telford Unit
3899 State Hwy 98 in New Boston Texas 75570
Respectfully submitted, vwt'~E~· Jesse Flores # 1770272 Telford Unit 3899 State Hwy 98 New Boston, TX,75570
signature of judge date -:..·_ NO. _ _ _ _ __
TRIAL C01JRT NO.l2401-A
IN THE COURT OF CRIHlNAt. APPEALS OF TEXAS
IN RE JESSE FLORES ~ 1770272, relator
vffiiT OF MAT:-IDAMUS
Pursuant to T.C.C.P. art. 11.07, petitioner hereby files this extor-
otnary writ with this Honorable Court of Criminal Appeals, ana in support thereof woulCI show the Court as follows: L 'Petitioner intenos to file a writ of habeas corpus challenging the vol-
untariness of his plea agreement ana waiver of right to appeal claiming
ineffective assistance of counsel, competency issues ana incomplete details
of the proceeoings neccessary to make an informed decision as secured by
the u.s. Constitution's Sixth and Fourteenth amen&nents. "ineffective ass- istance argument survives a waiver of appeal only ,.men the claimed assis-
tance directly affected the validity of that waiver or the plea itself." seeu.s. V· li'Jhite, 307 F.3d 336,341-44 (5th Cir. 2.002)
2. The acts sought are material ana not discretionary in nature. B. Petitioner filed these same requets wi1hh the trial court , \·lhich failed
or refuseo to rule, thereby exhausting all state remedies at law.
~. TI1e case file in the possession of attorney Dominick J. Marsala was
(generated curing the representation of the petitioner and belongs j!o the
petitioner) see Spivey v. Zant, 683 F.2a 881,885 (5th Cir.1982) . The case ·- I .. : •
file is needed to prove ineffectiveness of trial and appellate counsels as
well as to develope evidence to support a genuine issue .of fact • .- 5. ~ipaterial SOUt)ht is believed to contain exculpatory evioence and new ~ ··'"
eviaence not presented to the pettioner or at trial " oiscovery is warranted
where specific allegations before the court show reason to believe that.
the petitioner may, if the facts'are fully developed, be able to oemonstrate
that he is entitled to relief." as in Reed v. Quartt~l"'lilan, 504 F.3d: 465,471-72
6. Petitioner has even requested t.he help of the s~.:.ate Bar. with an active
7. Tnis Honorable Court is aurthorized to issue ORDERS enfocing the acts
sogl)ht in this writ per T. R. r..•• P. rules and can ctlso remand this request to
the trial court' to be ruled upon.
VlHE.REFORE the petitioner prays this Honorable Court Order the af- ·
ore-me ltioned attorney to produce all materictl ge erateo Cluring the repres- enr:.at ~.c; 1 o·.= tr '"' ,-_,2 :: it-.ic.nsr; \vi':"'··. rt 'W• (~ay s o{ l./!\~ :·_ ':. ·1 ~-ns c.- '::• ~-::: "rr'E-~-c entation o:E the petitioner within 20 days of the tiling of ti1:i.s Order..
BE I'I' m;;CLARED that Dominick t-iarsala located at 1417 F.. McKinney st.
in Defl:ton ;rexa;.:; 76209/ L'5 01:.-d2red to surre Ider casefiles ana all materials
related to the representation of Jesse Flores :fr 1770272 at Telford Unit ·
3899 State HHy 98 in New Bos\:on Texas 75570
Respectfully submitted,
,Jesse Flores 1F 1770272 Telforo Unit 3899 State HvTY 98 New Boston, ~rx, 75570
signature of judge date NO. _ _ _ _ __
TRIAl. COURT NO.l240l-1\ /
IN F.E JESSI~: Ft.OF.i::S ~ 1770272, r.cl.ator
·--- ·-----------·--·~--------
~;--------------~----
Pursuant t.o T.C.C.P. art. 11.07, petitionet: hereby ·Eiles t:his extor-
di.nary vrlt. W~ith this Honora'ble Court of Criminal Appeals, ana in suppor-t
thereof would show the Court as folioHs:
1. Petitioner: i:ttenc'ls to file a writ of habeas corpus challenging the vol-
untad.ness of 'hi.r~ plea agreement. anc vaiver o·f. right to a.ppeal claiminy
ineffectivE~ a.ssif:tance cf counseL competency issues anc\ incomplete c'et.ails
of the proc,:!el'lingf: n~cc.;·.se.at:y to ma·k.e an informen ~ecision as secured by
the u .. s. Constitution's Si:xt:.h e.nd ?onrteenth amendments. "ineffective ass-
istance argument survives a \.Ja:i.ver of appeal only when the clailned ase.is··
tance din~ctly affected t.he validity of that waiver or the plea itself.''
seen.s.
Free access — add to your briefcase to read the full text and ask questions with AI
N::). - - - - - - fhi§ document contains some TRIAL COU:~:i' N~>. 1 ?40 l-A pagcua that are of poor qu~lity at Ui@ time of imaging. RECEIVED IN COURT OF CRII\IIINAL APPEALS
fEB 10 2015 IN RS T<.<;SSE FLORES it l/702:.7 2, '::'elar; or
.WRIT OF MANDAMUS
.. '>--. : -'";>o.~-- ...:, •. -----·· ' -.- --~-- - ' --
Pu:-::-sna.1t >:o T.C,C P- a;eL 11.07, p<=-;tition~=>r hereby fil~=>s thi!'\ e:xtor-
\ 1, Petitioner int.enos :to file ·9. writ of hr=lbeas coron.~ cna1l~=>ngina the vol-
untariness of his plea agreement and waiver of right to appeal claiming
ineffective assistance of counsel, competency issues and incomplete details
of the proceedings neccessary to make an informed decision as secured by
the U.S. Constitution's Sixth and Fourteenth amendments. "ineffective ass-
istance argument survives a waiver of appeal only when the claimed assis-
tance directly affected the validity of that waiver or the plea itself."
seeU.S. v. White, 307 F.3d 336,341-44 (5th Cir. 2002f
2. The acts sought are material and not discretionary in nature.
3. Petitioner filed these same requets with the trial court , which failed
or refused to rule, thereby exhausting all state remedies at law.
4. The case file in the possession of attorney Dominick J. Marsala was
(generated during the representation of the petitioner and belongs to the
petitioner) see Spivey v. Zant, 683 F.2d 881,885 (5th Cir.l982) -The case '- file is needed to prove ineffectiveness of trial and appellate counsels as
well as to develope evidence to support. a genuine issue of fact. 5. '1\hf·material sought is believed to contain exculpatory evidence and new
evidence not presented to the pettioner or at trial " discovery is warranted
where specific allegations before the court show reason to believe that
the petitioner may, if the facts are fully developed, be able to demonstrate
that he is entitled to relief." as in Reed v. Quarterman, 504 F.3d 465,471-72
(5th Cir.2007)
6. Petitioner has even requested the help of the State Bar with an active
investigation against said attorney ( ~ 201500286).
7. This Honorable Court is aurthorized to issue ORDERS enfocing the acts
sought in this writ per T.R.A.P. rules and can also remand this request to
the trial court to be ruled upon.
WHEREFORE the petitioner prays this Honorable Court Order the af- . I I
ore-me ~ioned attorney to p~oduce all material ge erated during the repres- !·~--:n~.?~-:~.ion. or: -l-~~1'7~ r;~~-j .;~--~_c·irF~Y~·:- i;ii·;-.hin /(\ 6;:,-yr3 c·r: ;-_:1:(:~ f~LlJ.U.\/ nr i-)tiS~ ()y-;~l.-c;r_~ entation of the petitioner within 20 days of the filing of this Order.
BE IT DECLARED that Dominick Marsala located at 1417 E. McKinney st.
in DeNton Texas 76209, is Ordered to surre rler casefiles and all materials
related to the representation of Jesse Flores j~ 1770272 at Telford Unit
3899 State Hwy 98 in New Boston Texas 75570
Respectfully submitted, vwt'~E~· Jesse Flores # 1770272 Telford Unit 3899 State Hwy 98 New Boston, TX,75570
signature of judge date -:..·_ NO. _ _ _ _ __
TRIAL C01JRT NO.l2401-A
IN THE COURT OF CRIHlNAt. APPEALS OF TEXAS
IN RE JESSE FLORES ~ 1770272, relator
vffiiT OF MAT:-IDAMUS
Pursuant to T.C.C.P. art. 11.07, petitioner hereby files this extor-
otnary writ with this Honorable Court of Criminal Appeals, ana in support thereof woulCI show the Court as follows: L 'Petitioner intenos to file a writ of habeas corpus challenging the vol-
untariness of his plea agreement ana waiver of right to appeal claiming
ineffective assistance of counsel, competency issues ana incomplete details
of the proceeoings neccessary to make an informed decision as secured by
the u.s. Constitution's Sixth and Fourteenth amen&nents. "ineffective ass- istance argument survives a waiver of appeal only ,.men the claimed assis-
tance directly affected the validity of that waiver or the plea itself." seeu.s. V· li'Jhite, 307 F.3d 336,341-44 (5th Cir. 2.002)
2. The acts sought are material ana not discretionary in nature. B. Petitioner filed these same requets wi1hh the trial court , \·lhich failed
or refuseo to rule, thereby exhausting all state remedies at law.
~. TI1e case file in the possession of attorney Dominick J. Marsala was
(generated curing the representation of the petitioner and belongs j!o the
petitioner) see Spivey v. Zant, 683 F.2a 881,885 (5th Cir.1982) . The case ·- I .. : •
file is needed to prove ineffectiveness of trial and appellate counsels as
well as to develope evidence to support a genuine issue .of fact • .- 5. ~ipaterial SOUt)ht is believed to contain exculpatory evioence and new ~ ··'"
eviaence not presented to the pettioner or at trial " oiscovery is warranted
where specific allegations before the court show reason to believe that.
the petitioner may, if the facts'are fully developed, be able to oemonstrate
that he is entitled to relief." as in Reed v. Quartt~l"'lilan, 504 F.3d: 465,471-72
6. Petitioner has even requested t.he help of the s~.:.ate Bar. with an active
7. Tnis Honorable Court is aurthorized to issue ORDERS enfocing the acts
sogl)ht in this writ per T. R. r..•• P. rules and can ctlso remand this request to
the trial court' to be ruled upon.
VlHE.REFORE the petitioner prays this Honorable Court Order the af- ·
ore-me ltioned attorney to produce all materictl ge erateo Cluring the repres- enr:.at ~.c; 1 o·.= tr '"' ,-_,2 :: it-.ic.nsr; \vi':"'··. rt 'W• (~ay s o{ l./!\~ :·_ ':. ·1 ~-ns c.- '::• ~-::: "rr'E-~-c entation o:E the petitioner within 20 days of the tiling of ti1:i.s Order..
BE I'I' m;;CLARED that Dominick t-iarsala located at 1417 F.. McKinney st.
in Defl:ton ;rexa;.:; 76209/ L'5 01:.-d2red to surre Ider casefiles ana all materials
related to the representation of Jesse Flores :fr 1770272 at Telford Unit ·
3899 State HHy 98 in New Bos\:on Texas 75570
Respectfully submitted,
,Jesse Flores 1F 1770272 Telforo Unit 3899 State HvTY 98 New Boston, ~rx, 75570
signature of judge date NO. _ _ _ _ __
TRIAl. COURT NO.l240l-1\ /
IN F.E JESSI~: Ft.OF.i::S ~ 1770272, r.cl.ator
·--- ·-----------·--·~--------
~;--------------~----
Pursuant t.o T.C.C.P. art. 11.07, petitionet: hereby ·Eiles t:his extor-
di.nary vrlt. W~ith this Honora'ble Court of Criminal Appeals, ana in suppor-t
thereof would show the Court as folioHs:
1. Petitioner: i:ttenc'ls to file a writ of habeas corpus challenging the vol-
untad.ness of 'hi.r~ plea agreement. anc vaiver o·f. right to a.ppeal claiminy
ineffectivE~ a.ssif:tance cf counseL competency issues anc\ incomplete c'et.ails
of the proc,:!el'lingf: n~cc.;·.se.at:y to ma·k.e an informen ~ecision as secured by
the u .. s. Constitution's Si:xt:.h e.nd ?onrteenth amendments. "ineffective ass-
istance argument survives a \.Ja:i.ver of appeal only when the clailned ase.is··
tance din~ctly affected t.he validity of that waiver or the plea itself.''
seen.s. v, v1hite, 307 F .3d 336t3tl1-4Ll (5th Cir. 2002/
2. Th~! acts sought are material ana not oiscr:et.ionary in nature.
$~ Petitioner filed these same ·('equets vi1bltl the trial court , which failed
or refuse6 to rule1 ·thereby exhausting all state r
~-The case· file :i.n the possession of attorney Dominick J. Marsala was
(generated dudng the representation of the petitioner and belongs to the
petitioner) see ~pivey v. Z
file is needed to prove ineffectiveness o'f trial and appellate counsels as
well as to develope evidence to tmpport a genuine issue of. fact. 5. T,t;~~gater.ial sought is believed to contain exculpatory evidence and new
evicence nee presentee to the pettionec oc at trial " cHscovery is warcanteo
where specific allegations before the court show reason to believe that
the petitioner may, if the fact.s a.re fully daveloped, be able to demonstrate
that he is entitled to relief." a_!3'. in f{eed v. Quarterman, 504 F.3d 465,471-72
6. Petitioner has even requested the help of the State Bar \o.'ith an active I ····",···--
investi.gation against saic attorney ( {l 201500286).
7. This Honorable Court is aurthodzea to issue ORDERS enfocing the acts
sogght in this writ per T.R.A.P. rules and can also remand this cequest to
\'lHBREFORE. the petitioner prays this Honorable Court Order the af.-
ore-m~.~ ltioneC! at-torney to produce all material ge eratea during the repres- ~ntoti<)·1 rJf the ,;.:p~·i~.i.on~L wi·:~Yir• ?~ (~r:ty3 c)f th~~ filir:g sf t~,;_z t·!::(~er entation of the petitioner within 20 O.ays of the filing of this Orcer.
BE tT DECLM~ED that Dominick l'iarsala located at 1417 E. McKinney st.
in Dent.on Texas 76209, is Ordered to surre ;Cer casefiles and all materials
related to the representation of Jesse Flores ~ 1770272 at Telford Unit 3899 State Hwy 98 in New Boston Texas 75570
Respectfully submitted, -~L:4c__ _ Jesse Floees i 1770272 Telford Unit 3899 State Hw)' 98 New Boston, ~!:X, 75570
signature of judge oate