Tucker, Edward Charles AKA Tucker, Edward

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 TO THE HONORABLE JUDGE OF SAID COURT: 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. EXECUTED ON DECEMBER 15, 2015. RESPECTFULLY, 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. EXECUTED ON DECEMBER 15, 2015. EDWARD TUCKER (1 )