in Re: Wesley S. Anglin

• Court: Court of Appeals of Texas
• Decided: May 11, 2015
• Docket: 12-15-00122-CR
• Status: Published

Opinion

FILED IN COURT OF APPEALS 12th Court of Appeals District STATE OF TEXAS

TEXAS COURT OF APPEALS

CASE# TYLER TEXAS WESLEY S. ANGLIN, CAJ^-rkUSS, CLERK

PETITION FOR WRIT OF MANDAMUS

IN RE ANGLIN.

Comes now Mr. Anglin, pro se, in pro per, in pro pria persona,

to humbly petition this court to enter a Writ of Mandamus, in

accordance to the Texas Canon laws and other applicable laws.

For grounds and support he states as follows: 1. On March 25th, 2009, Mr. Anglin was arrested in Van Zandt

§ounty Texas; on the 27th he was brought to the court and instructed to sigh a waiver of Extradition. He was placed under duress and refused an attorney. The court offered a Waiver of Extradition, the petitioner reserved his right for extradition

in accordance with sovereign decree. Within two weeks he was returned to Kentucky under a warrant. Attachment A

2. On December 3rd, 2013 the petitioner filed a "Sui Generis Declaration Of Rights" against the 294th District Court of Texas. This petition was filed in the Van Zandt Circuit Court. To

fehis date Mr. Anglin has yet to be assigned a court number or have a ruling. Attachment B

3. June 5th, 2014 Mr. Anglin filed a "Motion For Default" in the Circuit Court of Van Zandt County.(Attachment C) Wherein no ruling has yet to be entered.

4. As seen in Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268 the

Circuit Court should have a Writ of Mandamus issued against it.

See the following headnotes from 945 S.W.2d 268:

j HNl "A trial court is required to consider and rule upon a motion within a reasonable time."

HN2 "A writ of mandamus will issue where a trial judge refuses to act within a reasonable time."

HN3 "When a motion is properly filed and pending before a trial

court, the act of giving consideration to and ruling upon that

motion is a ministerial act, and mandamus may issue to compel the

trial judge to act."

HN4 "A trial court abuses its discretion by refusing to conduct a hearing and render a decision on a motion."

HN5 "A writ of mandamus is appropriate to require a trial judge to hold a hearing and exercise discretion."

HN6 "An appellate Court may compel a trial court to proceed to trial and exercise discretion."

HN7 "A judge shall hear and decide matters." HN8 "A judge shall dispose of all judicial matters promptly, eff iciently, and fairly."

5.This court may find the following three cases as helpful as ••"=.! well: In re Johnson, 2015 Tex. App. Lexis 2140; In re Rosas, 2015

Tex. App. Lexis 2012; and In re Archer, 2015 Tex. App. Lexis 161.

Wherefore, the petitioner humbly requests for this court to

enter a Writ of Mandamus to compel the Circuit court to enter a

ruling for said Motion for Default

CERTIFICATION

It is hereby certified that a true and correct petition was

mailed to the Van Zandt District and Circuit Courts. Thus the

origional being mailed to the Appeals Court for consideration at

its convienance. Thus mailed on the X day of Mcu/ , 2015. 9035671433 A K 03:16:32 p.m. 06-29-2010 6/8 A •, fVWW/vW\

WAV'ER OF EXTRADITION

STATE OF TEXAS vs' tekfly A'ffyf ,,TH IN THE 294'H. DISTRICT COURT OF VAN ZANDT COUNTY

THIS THE DAY OF A D 200*? PERSONALLY APPEARED BEFORE ME IN OPENCOURT 'ul+.sLy, A>^/.» , WHO IS A FUGITIVE FROM THESTfcTEOF 4k* TKr fry , WHERE fe_ IS CHARGED WITH THE CTIME OF

tmn^lul UNDER THE S^nS^ LAW, STATED SAH>1C8JECf* ORALLY AND BY^G^EXPLAINEDTO^^r" SIGNING THIS ORDER THAT y^_ WAIVES EXTRADITION AND WILL VOLUNTARILY ACCOMPANY DULY AUTHORIZED AGENTS OF TrlE STATE OF /&»r*ct* I? JSfciF0R£ SAID STATE THERE T0 STANDTRAILON THE CHARGES AGAINST j&^ AS PROVIDED BY LAW.

IT IS FUTHER ORDERED BY THE COURT THA/f^E CLERK CERTIFY AND FORWARD TO THE OFFICE OF THE COVERNOI&F'TJffi! STATC"OF TEXAS SAID ORDER AND WAIVER OF EXTRADITIC

MAGISTRATE, STATE OF TEXAS

WAIVER OF EXTRADITION

nP ^ [Jf^*M^M&*-— - HAVING THIS THE J.7 DAY by THE^nRARf P-~^X 20CV>EEN ADV,SED 0F my legalrIghts nltp rrr™?^^rP^*^****- JUDGE OF THE 294™ phpJS , tS2XJ£? /AN ZAK DT COUNTY, TEXAS, DO HEREBY WAIVE FOKMyULEXmADFTlGM AND AG^CE TO VOLUNTARILY RETURN TO THE 5 2i W -nWTUtft IN THE CUSTODY OF DULY O^S?25S^S^™ Ap5^SAID STATE, THERE TO STAND TRAIL Ui\ | HE CHARGES PENDING AGAINST ME.

a: STATE OF TEXAS CIRCUIT COURT OF VAN ZANDT COUNTY CXStt # WESLEY SATTERFIELD ANGLIN DECLARER

SUI GENERIS DECLARATION OF RIGHTS- TAKEN IN SUI JURIS

294th DISTRlGf COURT OF VAN ZANDT COUNTY " RESPONDANT Comes now Wesley Satterfield Ancrl-in ^™ »«

stitutional contract in which he ia p,im.0„hh „„ I j n

ls neltfer

STATEMEKT OF CASE

260^-OnAlarcnh Ifthtlo^l iLVSought\oC°tne^ourfSouse26'^

lnatKerntu:ky.tranSferred t0 B"^nridge ConnieteSron'center, I now bring this acti( as^lll^the'coStric? 3 S??^? ^ le§ality 0f the transfer ml to reserve all rights? ^ * SOVereiSnly expressed my wis! LKGAL AUTHORITY

the fact raised, and\^o1rts^:oluLtveer^m"SeS' ^ ^ °f "Co nsent to judgement waives all and every irregularity proceding and is a release of errors."

* United States v. McKinney, Fed. Appx. 479, "ft party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not therby prejudice the rights reserved."

* Black's Law 6th Edition, "Sui juris - of his own right; posses sing full social and civil rights; not under any legal disability or the power of another, or guardianship. Having capacity to manr- age one s own affairs; not under legal disability to act for OK-es one's self."

Wherefore, if it pleases the court, I request to be legally re released from the illegal contract or waiver, of extradition. Ree questing that this honorable court enter an order of appearance x for me to be brought before it upon hearing and ruling of this d declaratory documnet. itted by,

Notice is hereby given that the foregoing Declaration was mai led, via first-class postage, to the Clerck of the Van Zandt Cou nty Circuit Court; on thus 3^; day of December, 2013, to be filed immediately upon receipt.

CERTIFICATE OF SERVICE

I hereby certify that the foregoin document was mailed, via postage pre-paid, to the.294th Distrcit Court of Van Zandt County on thus ^f day of December, 2013. P^CxjlWa°~a\ C

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