Thomas, Isaac Lamar

• Court: Court of Appeals of Texas
• Decided: October 6, 2015
• Docket: WR-79,877-03
• Status: Published

Opinion

I I I No. 09-12-00458-CR

IN THE COURT OF ~RIMINAL APPEALS

EX PARTE ISAAC LAMAR THOMAS

Post Conviction Writ 6f Habeas Corpus Procceeding From Montgomery County, Texas 410th Judicial District Cause Number 10-02-01613-CR(2)

MOTION TO COMPEDL

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ISAAC LAMAR THOMAS TDCJ #1815415 Stringfellow Unit 1200 FM 655 Rosharon, TX 77583

~~c~~~~o ~W\ ©0~1' Of CR1M\N~l APPEALS oc1 o~ tn's A~®\A(C®~a,C~ev~ To the honorable Justices of the Court of Criminal Appeals:

Comes now, Isaac Lamar Thomas, respectfully compelling

this court to grant this motion ahd not consider any recommend-

ations from the 410th District court and make an independent

ruling on his post conviction application for writ of Habeas

Corpus. Mr. Thomas further compells this court to allow him

to file and have heard his objactions and rebuttal to the States

answer to his application for writ of Habeas Corpus in the alter-

native.

Mr. Thomas relies on the following grounds for the grant-

ing of this motion:

1. The 410th District Court and/or clerk of said court

has violated rule 73.5 of the Texas rules of Appellate procedure.

Mr. Thomas filed his application for writ of Habeas Corpus on

December 8, 2014. The Court entered an order designating issues

on January 7, 2015. Mr. Thomas filed a motion with the 410th

District Court on or about July 9, 2015 urging the court to

resolve the issues set forth or forward his application to this

court. No action was taketi on Mr. Thomas' case until September

4, 2015, when the State submitted it's answer. Which was nearly

two full months past the deadline set forth in rule 73.5(T.R.A.P.

2. The clerk of the 410th district Court has violated rule

73.4(b)(5) of the ['exas Rules of Appellate Procedure. Mr. Thomas

recieved no notification of extension of time for the 410th District Court and his application was still not forwarded to

this court per rule 73.4(b)(5) T.R~A .. P.

Furthermore, Mr. Thomas physically recieved the State's

answer, findings of fact and conclusions of law on Setember

14, 2015 which he later di.scovered was the same day that the

410th district Court upheld the recommendations of thB)State.

Mr. Thomas nonetheless mailed his objections to the said court

on or about September 17, 2015, but has yet to recieve any no-

tification that his objections were filed.

Mr. Thomas believes that he has shown this court that the

410th District court and/or clerk has unnecessarily delayed

his Habeas proceeding in direct violation of rules stated above

and urges this court to not consider any recommendations from

said court but rather, make an independent ruling on his case.

In the alternative, Mr.Thornas asks to be allowed to have at

least 30 days from the date of the granting of this motion to

file his objections/rebuttal to the State's answer to be con-

sidered by this court.

2. PRAYER

For the foregoing reasons, Mr. Thomas~ prays that this~Hon~

arable court grant this moton to compel! and not consider any

recommendations from the 410th District Court but make lts own

independant ruling on his post conviction application for writ

of habeas corpus. In the alternative, Mr. Thomas pr~y,~ that

this Honorable court will allow him the opportunity to file

and have heard his objections/rebuttal to the State's Answer.

~tful~bmitted,

ISAAC LA~MAS TDCJ #1815415 Stringfellow Unit 1200 FM 655 Rosharon, TX 77583

CERTIFICATE OF SERVICE

I, Isaac Lamar Thomas, do hereby certify that a true and

correct copy of the foregoing Motion to Compel! was mailed to

the :

District Atty. Office Montgomery County 207 w. Phillips, Second Floor Conroe, Texas 77301

on this, the ~02A'--- day of tJ~ I 2015.

ISAAC LAMAR THOMAS To the Clerk of the Court of Criminal Appeals,

I am writing to ask you to please excuse me from not being

able to comply with rule 9.3(b)' ~~R.A.P. regarding the number of

copies. I am currently incarcerated and have no means to provide

the required copies in a timely manner. Thank You very much for

your understanding and cooperation.

Sincerely, Isaac Lamar Thomas