Tucker, Edward Charles AKA Tucker, Edward

• Court: Court of Appeals of Texas
• Decided: December 23, 2015
• Docket: WR-74,501-08
• Status: Published

Opinion

TEXAS COURT OF CRIMINAL APPEALS

CAUSE NO. 241-1308-07 D RECEIVED IN CAUSE NO. 241-2005-07 COURT OF CRIMINAL APPEALS

GEC 23 2015 EDWARD ·ruCKER, Relator,

v. THE DIS~RICT CLERK, SMITH COUNTY, Respondent,

LEAVE FOR APPLICATION FOR WRIT OF MANDAMUS

TO THE HONORABLE JUDGE OF SAID COURT:

COME NOW, EDWARD TUCKER, RELATOR IN THE ABOVE STYLE NUMBER CAUSE

AND ~l':WE THE ::OURT OF CRIMINAL APPEALS FOR WRIT OF MANDAMUS,

PURSUANr TO ~EXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07,

SECT:LJN 3(b), [WEST 2015] AND WOULD SHOW THE COURT THE FOLLOWING:

JURISDICTION:

THIS C00RT qAS SUBJECT MATTER, JURISDICTION PURSUANT TO ARTICLE

1, SECTION 10, ARTICLE 1, SECTION 12, ARTICLE 9, SECTION 19,

BILL 01:" ~U·~;H·rs IN TEXAS CONSTITUTION AND THE FIFTH AMEND~ENT,

THE NINTH AMENDMENT, AND FOURTEENTH AMENDMENT TO THE UNITED

STAfES CONSTITUTION OF AMERICA.

RELIEF SOUGHT:

THE COURT 0F CRIMINAL APPEALS IS UNDER A MINISTERIAL DUTY TO ' ORDE~ THE DISTRICT CLER~. OF SMITH COUNTY, TEXAS TO IMMEDIATELY

FORWARD ~:-IJ~ .s·r.4.1'E .1\PPLICATION FOR WRIT, HABEAS CORPUS TO THE

COURT 01:" C~IMINAL APPEALS, PURSUANT TO TEXAS CODE OF CRIMINAL PROCEDURE, ~RTICLE 11.07, SECTION 3(b) (WEST 2015].

PROCEDURE HISTORY:

RELATOR NAS CONVICTED IN THE 241 ST. DISTRICT COURT IN SMITH

COUNTY, T8XAS: IN CAUSE NUMBER. 241-1308-07 D, OF INJURY ~0 A

CHILD A.'W Cl\.iJSE NUMBER 241-2005-07, OF BURGLARY OF HABITATION,

THE COU~T ~3SESSED PUNISHMENT AT LIFE IN THE FIRST CONVICTION

AND SIX~Y YEARS IN THE SECOND CONVICTION.

STATEMENT OF THE CASE:

IN AUGUST 2015, RELATOR FILED A STATE APPLICATION FOR WRIT OF

HABEAS CORPUS IN THE DISTRICT COURT ON SEPTEMBER 30, 2015, THE

STATE (SSUE ~N ANSWER THAT THERE ARE NO CONTROVERTED PREVIOUSLY

UNRESOLV~;) FACTS TO THE LEGALITY OF THE RELATOR'S CONFINEMENT,

WHICH RSQUIRS AN EVIDENTIARY HEARING AND RECOMMENDS THAT THE

RELI~? REQD:~.s·rED 3E DENIED.

SHOWING OF CAUSE:

RELATOR CON~8NDS THAT THE DISTRICT CLERK HAS NO AUTHORITY TO

CONTINUE TO HOLD RELATOR'S APPLICATION FOR WRIT HABEAS CORPUS

RELIEP ANU IS UNDER A MINISTERIAL DUTY TO IMMEDIATELY FORWARD

THE APPL[CATION AND RELATED RECORDS TO THIS COURT OF CRIMINAL

APPEALS, PURSUANT TO TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE

11.07, SEC~ION 3(d). SEE: McCEE V. HAMPTON, 824 S.W. 2d 578, 579

[ TEX. CR. APP. 1992 ] ; MARTIN V. HAMLIN, 25 S.W. 3d 718, 719 [ TEX.

CR. APP. 2000 ].

RELATOR H.\S NO OTHER ADEQUATE REMEDY AT LAW TO PURSUE THE RE-

QUESTED RELIEF THAN THIS APPLICATION OF WRIT OF MANDAMUS.

( 2) WHEREFORE, RELATOR PRAYS THAT THE COURT .ISSUE A WRIT OF MAN~

DAMUS, DI~ECTING THE DISTRICT CLERK OF SMITH COUNTY, TEXAS,

TO IMMEDIATELY FORWARD THE HABEAS APPLICATION TO SAID COURT

OF CRIMLNAL ~PPEALS.

RESPECTFULLY,

1 EDWARD TUCKER

CERTIFICATE OF SERVICES

THE RELATOR, HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF

THE FOREGOING APPLICATION OF WRIT OF MANDAMUS HAS BEEN SERVE

UPON THE TEXAS COURT OF CRIMINAL APPEALS CLERK'S OFFICE, AT

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711.

EXECUTED ON DECEMBER 15, 2015.

. EDWARD TUCKER TDCJ HODGE UNIT 379 FM 2972 W. RUSK, TEXAS 75785

( 3) TEXAS COURT OF CRIMINAL APPEALS

CAUSE NO. 241-1308-07 D

CAUSE NO. 241-2005-07

EDWARD TUCKER, Relator,

v.

THE DIS~RICT CLERK, SMITH COUNTY, Respondent,

MOTION FOR SUSPENSION OF THE RULE WITH

SUPPORTING AFFIDAVIT

COMES NOW, EDWARD TUCKER, PROSE AND FILED MOTION FOR SUSPENSION

OF THE RULES WITH SUPPORTING AFFIDAVIT, PURSUANT TO RULE 2 OF

TEXAS APPBLLATE ~PROCEDURE [WEST 2015) AND SHOW THE COURT THE

FOLLOWING:

1]. SHOWING OF CAUSE:

1. RELATOR REQUEST TO FILE ONE ORIGINAL COPY OF WRIT OF MANDAMUS

WITHOUT FILING 11 COPIES, SINCE HE'S A STATE PRISONER AND THE

TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL DIVISION,

HODGE UNIT, LAW LIBRARY, DOES NOT PROVIDE COPIES FOR PRISONER'S

IN LITIGATION.

WHEREFORE, RELATOR PRAYS THAT THE COURT WOULD GRANT SUSPENSION

OF 11 COPIES AND ALLOW RELATOR TO FILE ONE ORIGINAL COPY OF

WRIT OF MANDAMUS.

(1 ) CERTIFICATE OF SERVICES '

I, HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE SUSPENSION

OF THE R8L8 MOTION WITH SUPPORTING AFFIDAVIT WAS SERVE UPON

THE COURT OF CRIMINAL APPEALS CLERK, P.O. BOX 12308, CAPITOL

STATION, ADSl'IN, TEXAS 78711.

EDWARD TUCKER

ORDER

ON THIS THE DAY OF 2015, CAME ON TO BE HEARD RELATOR'S ---'-

MOTION OF SUSPENSION OF RULE WITH SUPPORTING.AFFIDAVIT AND AFTER

DUE CONSIDE~ATION OF THE SAME~ IT IS SO ORDER THAT THE MOTION

SHOULD BE GRANTED / DENIED: IT THEREFORE ORDER A HEARING BE SET

FOR 2015.

JUDGE PRESIDING

(2) TEXAS COURT OF CRIMINAL APPEALS

CAUSE NO. 241-1308-07 D CAUSE NO. 241-2005-07

EDWARD TUCKER, AFFIANT, SWORN AFFIDAVIT OF v. EDWARD TUCKER THE DIST~ICT CLERK, SMITH COUNTY,

MY NAME IS, EDWARD TUCKER, I AM OVER 18 YEARS OF AGE, I AM A

RESIDENT OF CHEROKEE COUNTY, TEXAS AND I HAVE GIVEN THIS STATEMENT

OF MY OWN FREE WILL AND THE FACTS STATED WITHIN THIS SWORN AFFI-

DAVIT ARE T~UE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

I DO NOT HAVE .FAMILY OR FRIENDS TO SEND AND MAKE 11 COPIES IN

A RESONABLE TIME FRAME.

THE TEXAS DZPARTMENT OF CRIMINAL JUSTICE, HODGE UNIT, LAW LIBRARY

DOES NOT PROVIDE COPIES TO PRO SE LITIGANT'S.

DECLARATION

I HEREBY D82LARE UNDER THE PENALTY OF PERJURY THE ABOVE FOREGOING

IS TRUE AND CORRECT :TO THE BEST OF MY KNOWLEDGE, PURSUANT TO

SEC. 132.000, 132.003 TEX. CIV. PRAC. REM. CODE.

(1 )