..
• +('
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. issueus 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