F1UED IN COURT OF «"<*£ K S
12th Court o1 Apseais DiKr«
In The Court Of Appeals
Twelfth Court Of Appeals District
In Re: Donald Adkins Original Proceeding
Case # 12-15-00180-CR
Relator's Petitioning Motion to show cause why this Court
should grant Relator's Petition for Mandamus by way of Leave
of Court.
On July 13, 2015, Relator filed a Petition for a Writ
of Mandamus in the above captioned case, on or about
August 24, 2015...This Honorable Court has requested that the
Respondent and/or any real party in interest respond to Relator's
petition and deliver such response to this Court on or before
"September 3, 2015"!
On or about September 28, 2015, Relator requested by mail
an updated Docket Sheet on the Above Referenced Case and the
Clerk of this Court Obliged on October 5, 2015.
II.
The Relator, sets forth that the respondents) have not
responded to this Court's request made on or about August 24, 2015
The Respondents) have not requested a Continuous.
The Respondent(s) have not filed any timely objections
to Relator's Mandamus, as directed by this Honorable Court,
on August 24, 2015 (See # 1)
III.
The Relator has provided within his Writ of Mandamus his
Constitution rights have been violated and are to this day
continuing to be violated. The right to speedy trial is set
in stone by the forefathers and is upheld upto the highest
Court of the land.
This Relator, has a right to have his constitutional rights
upheld and his Petition for Writ of Mandamus to be granted.
IV.
Memorandum in Support
The 6th Amendment guarantees that in all criminal
prosecutions, the accused shall enjoy the right to a speedy trial,
This right "attaches" at the time of arrest or Indictment
whichever comes first and, continues until the date of trial.
See: U.S. -V- Garcia 995 F2d 556, 560 5th Circ 1993.
The court in Knox -V- State 934 SW 2d 678, 681 , stated
that "8 month ^elay is generally sufficant to trigger Speedy
Trial...claim...
The court in Barker -V- Wango 407 U.S. 514; 92 S. Ct 2182
set forth a 4 prong analysis to determine a constitutional speedy
trial claim. There is no doubt that the Relator's rights have
been violated and ignored.
V.
Prayer for Relief
The Relator, Donald AdkLns, in pro-se, comes before this
Honorable Court within this Petitioning motion to show why this
court should grant the Relator's Petition for Mandamus without
scrutiny and set forth an "Order" to force the Respondent(s)
to comply and adhere to the mandates set forth by the
Constitution in the Promise of Due Process and a fast and speedy
trial and, dismiss with prejudice all counts held against the
Relator, being so-called: complaint, warrant, indictment -et-cetra,
It is so prayed!
Respectfully Submitted,
)onald Adkins, Pro-se
Relator
Ramsey I Unit
1100 F.M. 655
Rosharon, Texas 77583
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Certificate of Service
I do hereby certify that a complete copy of the forgoing
"Relator's Show of Cause to grant Mandamus by Leave of Court",
was sent via U.S. Mail to:
Charles R. Mitchell
273rd District Court, Sabine County
200 San Augustine Street
Center, Texas 75935
Mailed this /Y" day of October, 2015.
Respectfully Submitted
)onald Adkins, Pro-se
# 1792685
Ramsey I Unit
1100 F.M. 655
Rosharon, Texas 77583
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