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NO.
COURT OF CRIMINAL APPEALS
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IN THE , APR 09 2015
COURT OF CRIMINAL APPEALS
AtelAcosta, Clerk
AUSTIN, TEXAS
EX PARTE § ORIGINATING IN THE 27th
§ DISTRICT COURT IN AND FOR
ABEL MEDRANO § LAMPSAS COUNTY, TEXAS
MOTION TO STAY PROCEEDINGS
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS:
COMES NOW, Abel Medrano, Texas Department of Criminal justice
(TDCJ)-ID #1743611, hereinafter "Movant" pro se in the above cap
tioned cause and moves this Honorable Court to Stay Proceedings,
not for reason of delay but, requesting due process and offers
this Honorable Court the following in support thereof:
Statement of the Case
On January 28, 2015, Movant filed Original Application for Writ
of Habeas Corpus, §11.07, §11.073, with the district clerk of Lam
pasas, Texas, Lampasas County, with Memorandum in Support.
On March 11, 2015, Movant's application was received by this
Court's Honorable Clerk and presented to this Court.
On March 24, 2015, Movant received the Clerk's notice of same.
On March 30, 2015, Movant sent correspondence to the district
clerk requesting a copy of the State's Answer be forwarded immed
iately.
To date, Movant has not received a copy of the requested, nor
has he received notice that the State filed an answer in response
to his application.
Due Process
Movant is requesting he be afforded due process guaranteed to
him by the Fourteenth Amendment to the United States Constitution
and Article 1, subsections 10 and 19, on the Texas Constitution,
in the event the State has in fact filed an answer in response to
his application, but has failed to inform and forward a copy of
same, in violation of due process.
Conclusion
Movant requests an opportunity to file' an object ion and refute
any and all assertions and/or contentions made by the State and
contained in their answer in response to his Application for Writ
of Habeas Corpus, §11.07, §11.073. Movant requests that the State
be compelled to forward Movant a copy of same, if one in fact has
been filed with his application in this Court. Movant is entitled
to due process in this proceeding and requests an opportunity to
file an objection, refuting any and all assertions and/or conten
tions within the State's answer. Movant requests that the time
frame to be reinstated to reflect the proper time to begin the
date Movant receives the requested copy of the State's answer. In
the event the State has failed to file an answer pursuant to the
Texas Code of Criminal Procedure(CCP) art. §11. 07(3)(a ), only
filing Movant's application by itself, Movant requests this Hon
orable Court to consider this Motion to Stay Proceedings, as moot
and to grant his application for Writ of Habeas Corpus, §11.07,
§11.073.
Prayer
WHEREFORE, PREMISES CONSIDERED, Movant respectfully requests
this Honorable Court to consider Movant's Motion to Stay Proceed
ings and to issue an Order this Honorable Court deems appropriate
in this cause. So prayed.
Respectfully.submitted,
>el Medrano #1743611
Dalhart Unit TDCJ
11950 FM 998
Dalhart, Texas 79022
Movant pro se
Certificate of Service
I, Abel Medrano, hereby certify that a true and correct copy
of the foregoing Motion to Stay Proceedings was filed on this the
3rd day of April, 2015, by placing same in the Dalhart Unit's in
ternal mail system addressed to: Larry Allison, P.O. Box 1300,
Lampasas, Texas 76550; and to the Honorable Clerk of the Court of
Criminal Appeals, P.O. Box 12308, Capitol Station, Austin, Texas
78711.
Abel Medrano #1743611
Movant pro se
Unsworn Declaration
I, Abel Medrano, TDCJ-ID #1743611, being presently incarcer
ated in the Dalhart Unit of the Texas Department of Criminal
Justice in Hartley County, Texas, verify and declare under penal
ty of perjury, that the foregoing statements are true and correct
and that the original Motion to Stay Proceedings were placed in
the Dalhart Unit's internal mailing system on this the 3rd day of
April, 2015.
r
Executed on this the 3rd day of April, 2015.
ibel Medrano #1743611
Movant pro se
NO.
IN THE
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
EX PARTE ORIGINATING IN THE 27th
DISTRICT COURT IN AND FOR
ABEL MEDRANO LAMPASAS COUNTY, TEXAS
ORDER
On this, the day of , 2015, came to be
heard the Movant'.s Motion to Stay Proceedings and after having
reviewed the pleadings, heard the evidence, and the argument of
Counsel, this Court is of the opinion that said Motion to Stay
Proceedings should be: [ ]GRANTED [ ]DENIED AS MOOT
IT IS THEREFORE ORDERED that the Movant's Motion to Stay Pro
ceedings is GRANTED / DENIED AS MOOT, and IT IS FURTHER ORDERED
that the Clerk of the Court issue same to all parties.
SIGNED ON THIS DAY, THE DAY OF , 2015.
JUDGE PRESIDING
Abel Medrano #1743611
Dalhart Unit TDCJ
11950 FM 998
Dalhart, Texas 79022
April 03, 2015
Abel Acosta
Clerk, Criminal Appeals
P.O. Box 12308, Capitol Station
Austin, Texas 78711
RE: State of Texas v Abel Medrano, #8602
Sub: Motion to Stay Proceedings with Order
Dear Clerk:
Enclosed please find for filing Movant's Motion to Stay Proceed
ings with Order. Please file date stamp and bring to the attent
ion of the Court.
Also enclosed, please find a copy of this letterhead. Please file
date stamp same and return in the provided self addressed stamped
envolpe.
Thank' you for your assistance on this matter.
Sincerely,
Abel Medrano.
Movant pro se
AM/
cc: FILE
Larry Allison, P.O. Box 1300, Lampasas, Texas 76550, Via U.S.
Postal Service, first class, postage prepaid.
Enclosure: Original Motion to Stay Proceedings with Order, self
addressed stamped envelope