.. • +('
Dr. Alex Melvin Wade, Jr. Paralega~ Specailist Mark W. Stiles RECEIVED IN 3060 FM 3514 COURT OF CRIMINAL APPEALS Beatitnont ~ Texas 77705-.7638 OCT 26 2015 Cause No.: 65,555j IN THE ffiURT OF CRIMINAi~APPFALS FOR THE STATE oF TEXAS AbefAcosta, Clerk AUSTIN,, TEXAS
In Re.: ALEX MELVIN WADE, JR._, l· JDisttict Court No~:. 1222385.,-D Relator~ ~ IN TilE 1$.$:th •JUDICIAl, DISTRICI' CDllRT t Susan Browns: PrE:siding 0 Harris County, Texas 1 APPLICANT ALEX MELVIN: WADE . JR. "S SECOND 'PEtiTION FOR WRIT __ ;.... _______ ; · - - - - - - - - - - · · ____ !]..; ----~-- - - - - - - - · - - - - - - - . - - - - - - - · · OF. MANDAMUS 10 WE HONORABLE JUSTICE OF. SAID COURT:. ·.
Comes Now Alex. Melvin WAde, Jr., Relator., pro se,: in the .above entitled numbered cause of action and files ,this. his Second Petition for Writ of Mandaml
the filing of· this Betition is pursuant to Vernon's ··Ann ..._Texas Const. art. 5,
Section 5, where the filing .. originates from the 185th.Judicial. District Court Harris County, Texas developing from a Writ of Habeas Corpus filed pursuant
to VAff:.P art. 1L07 and would .show the following,.'!.
I. ·REJ..ATOR.
Alex Melvin. Wade,, Jr.,, is an offender incarcerated in the Texas Depa.rbut:!nt
of Criminal .Justice, (Mark W• 'Stiles) 3060 FM 3514, BeatnnOht, Texas and is
appearing pro se and who can be located at the above address.
II. CRIMINAL PROCEEDING
Applicant/Relcftor was convicted· in the 185.th Judicial District Court on
February 2nd, 2010 ·for the_offense of "attempted ·theft," of ov~ $200,000.00
(Two Hundred Thousand Dollars). The indictment alleged We:3tern World Insuran~e company was the complainant. The Honorable Susan Brown, Presiding sentence
Applicant/Relator to 45 years in Texas. Department of Criminal Justice on February
3rd, 2015. Relator appeal the conviction. Relator appeal was dismissed by th
First Court of Appeals for lack of jurisdiction on Septem~r 23, 2010. See,
Wade v. State, No. 01-10-:-00463-CR(Tex~ App. :- ·Hol;lston. [1st Dist:.] S~ptem~r
23, 2010)(not designated for publiSH.t_irim92010.WL 3718409.
Applic.;mt previously fj.led applicatiQn. for. habeas corpus r~lief, 1222385-A,
WCiS. disnri.ssed beCause the mandate hcid not yet. issue
Applicant previot1$ filed application fo:J::" habeas co;rpus relief 1 12_22385-B,
was d~nied.
Applicant previously filed applicationfor writ:. of ha~s corpus relief, "--_1..._.:··b_it '.'.A'__').. 1222385-C, was dismissed. (E:.JUu..
Applicant previously filed writ of habeas corpus. on Feb:ruary 24th, 2014,
is still_ pending in the 185th 'Judicial District Court,, Harris County, Texas.
'Ibrough the.Harris County' Texas.District_Attorney~s.Office, one, Andrew Smith, Post Conviction WJ:"it attorney; flille:d on Mal:'ch 11th, 2014, Stat:e'ss
Motion to Designate·unresolved issues •
.-Applicant:'s unresolve
was acknowledge alo11c€g:with the un:resolve
assistance of COl1flsel in the prirnCiry ca,se, one o( his substantive cl~]Jns
along with. three (~) claims o:f "Prosecutional Miscondu~t," specifically an
alleged- ''Brady_viola:tion."- 'lbe:trial. court adopte
QI::de:r :Designating Iss.ue on March-12th,_ 2014, some wel.l over 18 months ag~.
MINISTERIAL DliTIES FAILURE OF PISTRICf CLERK & DISTRICf COURT .
-2- Texas Legislative creation of Art. 11.073 and Court of· Criminal Appeals
changes to Texas Rules of Appellate Procedure Rule 73,. which are {lpplicable
to Art 1LC07(writs).
With the changes, the district ~lerk's office loses discretion, and the
trialcou:rtrhave·a_new·deadline.
This new.rule came into.play· September 1st, .20l3,,:'the. on:J..y d;i.f'fer~nce ~t
we€!11 11.073 requires. the applie&nt to. file is the.n~ •..
On Decem~ •11, 2013, the Court. of Criminal ·Appeals _finalized Il1Cljor changes to RJ.Jle 73 effective January.!, 2014. Relator's.writof habecis co:q>us tbat
brings this matt:E!r ~fore the court filed Februacy 24th~ 2014 after ther:date
that. changes aff.E!Ct of th€!:.11.07 writ process. Under tbe new rule changes, the ·distri~t clerkrnust now sencl all Orders
Disignating .. Iss\jes(ODI) to the Court of Appeal once signed by_ thE! t:rial Coourt.
Tex. Rules App. Proc. 73. 3(b) (l}. The Coprt of Appeals have not .received the
Order Disigaating ·Issues 't.he,ttwas signed by the habeas •J\ldge·Susan Brown on
Mru;~h 12th, .20±4 tliJ.1ls was to be accompl;i.shed well witlrl.n the•l8 cl.ays that
have> come: gpd ·gone siace the signing of the ODI.
The Of:fice qf Chris Daniel,. Cle:rk,. Harris County, Texas has ,failed to
comply with Rl!lle 73, .respectively.
The trial court under · the ·Rule, have oaly 180 da:§ls from. the date the State
receives the application to resolve the. issues .. Rule 73.4
The trial court· has 145 .days (less ·than five months) ' to ordewr affidavits
and/or hold a hearing,~order.proposed.findfngoffact/conclusions of law, and
.resolve the issue.
Relator is ·not aware of any exteation of' time granted' by the Court of
Appeals. Rule 73.3(b)(5_), 73.4. ~3- Relator. Alex Melvin Wade, Jr., application 11.07 of· actual innocence sup-
' ported by newly.relevant evidence and newihy discovered evidence. is properly
before the court for adjudication of the unresolved issues. Relator· contends he has met the criteria! for application: of "actual innocence," claim. Relator
Alex Melvin Wade, Jr. , has shown by clear and convincing evidence that he is
actually innocence~ Relator has presented newly discovered evideoce suppresse by' the prosecution authorities.Relator has shown the eviodenee is an affirma:- tive evidence of ·innocence. and that no rational juror would have found him
guilty had it been presented· to them.
The State have not refuted nor can. the State refateRelator's claim of actual innocence, because there is no complainant in this caus.e of action. CONCLUSION:
Relator Alex· Melvin Wade, Jr., prays this Honorable Court. issue mandamus
cornnanding Chris Dani~l, Clerk of the Harris County, Texas District Court com-
ply. with Rule 73 of the Te~as Rules of ~ppell~te P:roc~ure forthwith and with-
out furthe:r C:tdo.
Fur the:.;, issue manciamus directing· at the 185th Judicial District Court to
r:estart the Clock as if· the Order Disnating Issues (ODI) was signed on the
date of the issuance of the mandamus•. ..•
the facts
aD~ allE!gations cont3ined i.n the. true ~fid c.or.ree t .
Signed unde~ Sec.tion 1740 onthis
CERTIFICATE OF SERVICE
I, Dr. Alex Melvin Wade, Jr., pro se, herein hereby certify a true and
c.orrect copy of .the above Application for Writ of Mandamus has this¥--~y of Ck:tober 2015 been served upon the Office of Deyon Anderson, Harris County, Texas District Attorney at 1201 Franklin Street, . Su-fte 6th FL, Houston,
'I:~ Texas 77002 bv having· ···the. same deoosited into:' 4son Mail /Bo at Mark J . • . ;; w. Stiles Unit, 3060 FM 3514, Beaumont, Tex .. 77,0 :-3686, J?B{ .·., ·.. •.. ' l ~ ::,
I CHRIS :DANIEL· HARRIS COUNTY DISTRICT CLERK
·February 24, 2014
ALEX MELVIN WADE, JR. #1624189 STILES UNIT 3060 FM 3514 BEAUMONT, TEXAS 77705-7638
RE: CAUSE #1222385-D 185th District Court
Free access — add to your briefcase to read the full text and ask questions with AI
.. • +('
Dr. Alex Melvin Wade, Jr. Paralega~ Specailist Mark W. Stiles RECEIVED IN 3060 FM 3514 COURT OF CRIMINAL APPEALS Beatitnont ~ Texas 77705-.7638 OCT 26 2015 Cause No.: 65,555j IN THE ffiURT OF CRIMINAi~APPFALS FOR THE STATE oF TEXAS AbefAcosta, Clerk AUSTIN,, TEXAS
In Re.: ALEX MELVIN WADE, JR._, l· JDisttict Court No~:. 1222385.,-D Relator~ ~ IN TilE 1$.$:th •JUDICIAl, DISTRICI' CDllRT t Susan Browns: PrE:siding 0 Harris County, Texas 1 APPLICANT ALEX MELVIN: WADE . JR. "S SECOND 'PEtiTION FOR WRIT __ ;.... _______ ; · - - - - - - - - - - · · ____ !]..; ----~-- - - - - - - - · - - - - - - - . - - - - - - - · · OF. MANDAMUS 10 WE HONORABLE JUSTICE OF. SAID COURT:. ·.
Comes Now Alex. Melvin WAde, Jr., Relator., pro se,: in the .above entitled numbered cause of action and files ,this. his Second Petition for Writ of Mandaml
the filing of· this Betition is pursuant to Vernon's ··Ann ..._Texas Const. art. 5,
Section 5, where the filing .. originates from the 185th.Judicial. District Court Harris County, Texas developing from a Writ of Habeas Corpus filed pursuant
to VAff:.P art. 1L07 and would .show the following,.'!.
I. ·REJ..ATOR.
Alex Melvin. Wade,, Jr.,, is an offender incarcerated in the Texas Depa.rbut:!nt
of Criminal .Justice, (Mark W• 'Stiles) 3060 FM 3514, BeatnnOht, Texas and is
appearing pro se and who can be located at the above address.
II. CRIMINAL PROCEEDING
Applicant/Relcftor was convicted· in the 185.th Judicial District Court on
February 2nd, 2010 ·for the_offense of "attempted ·theft," of ov~ $200,000.00
(Two Hundred Thousand Dollars). The indictment alleged We:3tern World Insuran~e company was the complainant. The Honorable Susan Brown, Presiding sentence
Applicant/Relator to 45 years in Texas. Department of Criminal Justice on February
3rd, 2015. Relator appeal the conviction. Relator appeal was dismissed by th
First Court of Appeals for lack of jurisdiction on Septem~r 23, 2010. See,
Wade v. State, No. 01-10-:-00463-CR(Tex~ App. :- ·Hol;lston. [1st Dist:.] S~ptem~r
23, 2010)(not designated for publiSH.t_irim92010.WL 3718409.
Applic.;mt previously fj.led applicatiQn. for. habeas corpus r~lief, 1222385-A,
WCiS. disnri.ssed beCause the mandate hcid not yet. issue
Applicant previot1$ filed application fo:J::" habeas co;rpus relief 1 12_22385-B,
was d~nied.
Applicant previously filed applicationfor writ:. of ha~s corpus relief, "--_1..._.:··b_it '.'.A'__').. 1222385-C, was dismissed. (E:.JUu..
Applicant previously filed writ of habeas corpus. on Feb:ruary 24th, 2014,
is still_ pending in the 185th 'Judicial District Court,, Harris County, Texas.
'Ibrough the.Harris County' Texas.District_Attorney~s.Office, one, Andrew Smith, Post Conviction WJ:"it attorney; flille:d on Mal:'ch 11th, 2014, Stat:e'ss
Motion to Designate·unresolved issues •
.-Applicant:'s unresolve
was acknowledge alo11c€g:with the un:resolve
assistance of COl1flsel in the prirnCiry ca,se, one o( his substantive cl~]Jns
along with. three (~) claims o:f "Prosecutional Miscondu~t," specifically an
alleged- ''Brady_viola:tion."- 'lbe:trial. court adopte
QI::de:r :Designating Iss.ue on March-12th,_ 2014, some wel.l over 18 months ag~.
MINISTERIAL DliTIES FAILURE OF PISTRICf CLERK & DISTRICf COURT .
-2- Texas Legislative creation of Art. 11.073 and Court of· Criminal Appeals
changes to Texas Rules of Appellate Procedure Rule 73,. which are {lpplicable
to Art 1LC07(writs).
With the changes, the district ~lerk's office loses discretion, and the
trialcou:rtrhave·a_new·deadline.
This new.rule came into.play· September 1st, .20l3,,:'the. on:J..y d;i.f'fer~nce ~t
we€!11 11.073 requires. the applie&nt to. file is the.n~ •..
On Decem~ •11, 2013, the Court. of Criminal ·Appeals _finalized Il1Cljor changes to RJ.Jle 73 effective January.!, 2014. Relator's.writof habecis co:q>us tbat
brings this matt:E!r ~fore the court filed Februacy 24th~ 2014 after ther:date
that. changes aff.E!Ct of th€!:.11.07 writ process. Under tbe new rule changes, the ·distri~t clerkrnust now sencl all Orders
Disignating .. Iss\jes(ODI) to the Court of Appeal once signed by_ thE! t:rial Coourt.
Tex. Rules App. Proc. 73. 3(b) (l}. The Coprt of Appeals have not .received the
Order Disigaating ·Issues 't.he,ttwas signed by the habeas •J\ldge·Susan Brown on
Mru;~h 12th, .20±4 tliJ.1ls was to be accompl;i.shed well witlrl.n the•l8 cl.ays that
have> come: gpd ·gone siace the signing of the ODI.
The Of:fice qf Chris Daniel,. Cle:rk,. Harris County, Texas has ,failed to
comply with Rl!lle 73, .respectively.
The trial court under · the ·Rule, have oaly 180 da:§ls from. the date the State
receives the application to resolve the. issues .. Rule 73.4
The trial court· has 145 .days (less ·than five months) ' to ordewr affidavits
and/or hold a hearing,~order.proposed.findfngoffact/conclusions of law, and
.resolve the issue.
Relator is ·not aware of any exteation of' time granted' by the Court of
Appeals. Rule 73.3(b)(5_), 73.4. ~3- Relator. Alex Melvin Wade, Jr., application 11.07 of· actual innocence sup-
' ported by newly.relevant evidence and newihy discovered evidence. is properly
before the court for adjudication of the unresolved issues. Relator· contends he has met the criteria! for application: of "actual innocence," claim. Relator
Alex Melvin Wade, Jr. , has shown by clear and convincing evidence that he is
actually innocence~ Relator has presented newly discovered evideoce suppresse by' the prosecution authorities.Relator has shown the eviodenee is an affirma:- tive evidence of ·innocence. and that no rational juror would have found him
guilty had it been presented· to them.
The State have not refuted nor can. the State refateRelator's claim of actual innocence, because there is no complainant in this caus.e of action. CONCLUSION:
Relator Alex· Melvin Wade, Jr., prays this Honorable Court. issue mandamus
cornnanding Chris Dani~l, Clerk of the Harris County, Texas District Court com-
ply. with Rule 73 of the Te~as Rules of ~ppell~te P:roc~ure forthwith and with-
out furthe:r C:tdo.
Fur the:.;, issue manciamus directing· at the 185th Judicial District Court to
r:estart the Clock as if· the Order Disnating Issues (ODI) was signed on the
date of the issuance of the mandamus•. ..•
the facts
aD~ allE!gations cont3ined i.n the. true ~fid c.or.ree t .
Signed unde~ Sec.tion 1740 onthis
CERTIFICATE OF SERVICE
I, Dr. Alex Melvin Wade, Jr., pro se, herein hereby certify a true and
c.orrect copy of .the above Application for Writ of Mandamus has this¥--~y of Ck:tober 2015 been served upon the Office of Deyon Anderson, Harris County, Texas District Attorney at 1201 Franklin Street, . Su-fte 6th FL, Houston,
'I:~ Texas 77002 bv having· ···the. same deoosited into:' 4son Mail /Bo at Mark J . • . ;; w. Stiles Unit, 3060 FM 3514, Beaumont, Tex .. 77,0 :-3686, J?B{ .·., ·.. •.. ' l ~ ::,
I CHRIS :DANIEL· HARRIS COUNTY DISTRICT CLERK
·February 24, 2014
ALEX MELVIN WADE, JR. #1624189 STILES UNIT 3060 FM 3514 BEAUMONT, TEXAS 77705-7638
RE: CAUSE #1222385-D 185th District Court
Dear Applicant:
Your post conviction applicationfor Writ of Habeas Corpus was received and filed on 02-24-14. Article 11.07 ofthe Texas code of Criminal Procedure affords the State 15 days in which to answer the application after having been served with said application. After the 15 days allowed the State to answer the application, the Court has 20 days in which it may order the designation of issues to be resolved, if any. If the Court has not entered an order designating issues to be resolved within 35 days after the State having been served with the application, the application will be forwarded to the Court of Criminal Appeals for their consideration pursuant to Article 11.07, Sec. 3 (c) ofthe Texas Code of Criminal Procedure.
The records of the office reflect the following:
CAUSE NO. PETITION FOR WRIT OF HABEAS CORPUS DISPOSITION
1222385-A 11-24-10 DIRECT APPEAL PENDING 1222385-B 09-07-11 DENIED 1222385-C 12.;.18-13 DISMISSED
All future correspondence should indicate the above listed cause number.·
Les 1 mandez, Dep Criminal Post Trial
CC: District Attorney Judge; Presiding Court EXHIBIT "A"
120 I fRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
REV. 01-02-04