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ROLAND JEROME MADDEN
JESTER III UNIT #665734
3 JESTER ROAD
This document contains some RICHMOND I TEXAS
pages that ar~ of P?or quality
77406
at the time of 1magmg.
RE:MariON FOR LEAVE TO FILE MANDAMUS RECE~VED ~N ·
.MOTION TO VACATE CAUSE F-93-04717-TH
OOURT OF CRIMINAL APPEAlS
JAN 29 2015
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Dear Honorable Clerk,
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The Relator·filed a I'Ul'ION TO VACATE CAUSE F-93-0~717-TH
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on OCtober i3,2014 , an. alleged BURGLARY OF A BUILDING.
The Resoonnent.s to this a~y I'!EIV@ NBt ae:kNCMi@cJ(j@B said
Motion.
The Honorable Criminal District-Court One has not been forthright
with this HONORABLE COURT OF CRIMINAL APPEALS regarding any prior
WRIT OF HABEAS CORPUS in this alleged cas.e ...
To this day the Honorable Trial court in CDC 1 in Dallas
Countv,Texas has OPERATED WITHOUT THE LEGAL JURISDICTION
required by law; THE RELATOR DID Nar ABUSE THE WRIT PROCESS ••
Please find enclosed the following:
exhibit one-a copy of the MariON TO VACATE CAUS'E F-93-04717-TH;
exhibit-two;letter from the Honorable clerk Thomas Lowe;
exhibit-three,*a letter from the Honorable Criminal District
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Court One in Dallas County,Texas,.tells relator to file his
*second Writ of Habeas corpus in cause F-93-04717-Th ••
that WRIT OF HABEAS CORPUS NEVER WAS SENT TO THE HONORABLE
COURT OF CRIMINAL APPEALS ••.•
exhibit-four,acknowledgment that the B WRIT OF HABEAS CORPUS
did not make it to this honorable court of criminal appeals ••
exhibit-five,ORDER DESIGNATING ISSUES Nar SENT TO THE HONORABLE
COURT OF CRIMINAL APPEALS,THE TRIAL COURT TO THIS DAY REFUSES
TO EXPLAIN WHAT ISSUES WERE UNRESOLVED OR HOW IT CAME TO THOSE
CONCLUSION RELATED TO THE LEGALITY OF THE RELATORS CONFINEMENT??
**SIR THIS IS AN EMERGENCY,THE FACTS ARE UNDISPUTED,THIS ALLEGED
BURGLARY OF A BUILDING IS A VOID CASE.. THANK YOU FOR .YOUR TIME
SINCERLY '. •. . . -- '· .II ~AI\ A
ROLAND J MADDEN 665734 \ ) \ ' v \ ••
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COURT OF CRIMINAL APPEALS
CAUSE F-93-04717-TH
IN DALLAS COUNTY, TEXAS
- (RESPONDENTS)
MOTION FOR LEAVE TO FILE MANDAMUS
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW ROLAND JEROME Ml\DDEN,Relator in the ahove n11mhpn>rl anrl
titled cause,files this MOTION FOR LEAVE.TO FILE MANDAMUS IN CAUSE
F-93-04717-TH from DISTRICT COURT NUMBER ONE in Dallascounty,Texas.
In support of· said Motion,the Relator will show this Honorable court
the following:
I.
That the Relator was ."ILLEGALLY" convicted of an alleged
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BURGLARY OF A BUILDING IN CAUSE F-93-04717_-'TH IN THE CRIMINAL
DISTRICT COURT NUMBER ONE IN DALLAS COUNTY, TEXAS; IN l\ JURY TRIAL
ON DECEMBER 08,1993,relator was found GUILTY and assessed 65 years
THE RET.~'TY)R PT.Rfl"Nm' ~TTT.'T'V- - (ATTORNEY RETAINED r.ot.JIS DAVIS JR l
II.
"NO APPEAL WAS PER~~" hPr.;=mse the Honorable Judge Janice Warder
had originally set~the AS~DE. *(SET THE CASE ASIDE)
THERE WAS NOT A POLICE REPORT;A VALID INDICTMENT,A PROBABLE CAUSE
REPORT; or anv evidence that the· 'RELATOR WAS CONNECTED or that a
CRIME had been corrmitted.
III.
The Relator is unlawfully confined at the Jester I I I unit of the
Texas DEPARTMENT OF CRIMINAL JUSTICE PRI.'~ON NUMRER 665734.
THE TRIAL. COURT WAS WITHOUT AUTHORITY. TO ACT., AND THEREFORE A
~MOTION TO VACATE WAS THE PROPER REMEDY·
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THE DALLAS COUNTY DISTRICT CLERK REFUSED TO ACKNOWf.EGE
THE FILING OF THE. MariON TO VACATE CAUSE F-93:_04717-TH. (fil,ed october 13,2014)
THE TRIAL COURT REPEATIDELY SENT THIS HONORABLE COURT OF
CRIMINAL APPEAL INCORRECT INFORMATION WITH IMPUNITY •.
WBEREFoRE,the RELATOR prays that this HONORABLE COURT OF
CRIMINAL APPEALS GRANT HIS .MOTION TO FILE MANDAMUS
AND IN THE INTEREST OF JUSTICE NULLIFY THE ACTIONS OF
THE TRIAL COURT IN THIS MATTER •••
DECLARATION
!,ROLAND JEROME MADDEN,being presently incarcerated in the TEXAS DEPARTMENT
OF CRIMINAL JUSTICE,ID 665734 declares under the penalty of perjury that the
foregoing is true and correct ..
EXCUTED ON THIS THE "tiTB DAY OF JANUARY 2015
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CERTIFICATE OF SERVICE
!,hereby certify that a True copy of this MOTION TO FILE LEAVE
TO FILE MANDAMUS IN CAUSE F-93-04717-TH has been mailed to thP
HONORABLE STATE cOMMISSION ON JUDICIAL CONDUCT:
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at p . n R n x 1 ? ?. f') s
AUSTIN,TEXAS
78711
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OLANJ; ~ROf.m MADDEN·
JESTER III UNIT ~665734
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3 JESTER ROAD '/kjl<:.
RICHMOND,TEXAS
77406
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ROLAND 3'~ MADDEN § DAtt.AS c.x>tlNTY, TBXAs ... 1. . ·. ·' ..o\J~·
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Ml7liON 'ro VACATE CAUSE F-93-04717-TU
TO ~· fiOrQABtB .:JUDGE OF SAID COURT:
COMES NON ROLAND JEJrAE MADDEN; Defendant in the· above and
titled
. cauae,files
. . . - ~VACATE CAUSE P-9~7l7-TH
'this MOTtON
from District Court Number One in Dallas County,Texaa.
In support of said Motion, the Defendan~ will ahow this 'I
Honorabl~ Court the following:
I.
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That the defendant was convicted of a alleged; BURGLARr OF A BUILOING
iN CAUSE Ml-04717-m'IN Criminal District Court Number one in
oallas Coun~y,Texa~:on December 08,1993 in· a jury trial and .. was.
aantencad ~o 65 years··~n prison, 1"Ra defendant Pled NOT Gf.Jlt'!'Y.
·.Trial counsel Louis Davis' jr (Retained)
II.
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Tnece vas •m APPBAL • · IN mtS CASB BECAUSE 'm& tlONOM.ilt.i!: JUDGE JANICE'·.
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W~ER ORIGINALt~ • . I
SBT m.tS ·.YERt)!r.."',P
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AtSIDF!)
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The Defe~t is unlawfully co:frflm.,"() at the Jester: III unit· .in the Texas .........
Deflcl.rtmant -of Cdm~nal Justice Prison Number 665734.
III.
The Trial Court Canmitted
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an "BRROR IV\'!'MIAtu
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ON 'l'HE DAY OF\•mE
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"TRIAL
WHICH \'l~S IaJURIOO.S "l'O 1'f1E RIGtiTS OP ':1'HE DEPENnJUft' TO wiT:
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THE TRIAL
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COtiR1' PRoviDFD ..AN INDIC'l.'HBN'r "'NOT"
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A GRAND ;wRY• ...
THE. TRIAl'..
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COURT PROeSBDBD.
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WI'l'ROUl',
.. A'. ' POLICE
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·RSPORT
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PaOOABL~ CAUsE REPOR'l'. tN. TJtiS CAsE•.• ~
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The court. thltS Operated witout t.EGAt JURISDICTioN in this ~tter •••.•
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·~,tf'te Def~t pr:ay~f~hat this &onorable. ~rt
vtli GtWn'. his MOTION TO V~Ts ·~: ~9~717-TH.
aild. thzat a· hearing be so conduCted.· in whichthe Daf~t '
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be smDI WARRANT back to suCb .hfirtng to provlae 1~ .\
documents with CCJllpOtent Attorney ••••
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. DECLARATION. , . ~' '
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I ROLAND JERC:J,1tE HADDBR,being
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presen~ly
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incarcerated
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at. the Je~ter III
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Unit of the Texas Department cf Criminal Justice,r.~~i665734 DeClare
under .the penalty of perjury that th~ foregoing is true and corect,
EXCOTBD oN THIS 'lfiE 13th day .of OC'lOBBR 2014
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certificate of service ...f.
!,hereby c~_rtl'fy that a True copy of this, MOl'ION '1'0 Y~ CAUSB F-93-047~7'
11as ·been ·~ned to the DAtLAS anmr DISTRiq'r CLERlt:
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PJ.W1K ClOILIN OOOR'l'S. BLD
.113 N,Riverfront Blvd.
Dallas eounty;Texas
75207
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166534.
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Jester~ ttl Unit .
3 Jester ·Road
Richmond,'lexas
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offlce Wlthln the next fifteen days. / Your cooperatlon and
assistance is appreciated. -
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{i \_:it !Vtt1Y~{\ trf:·J'{/' .
'Thom'as' 'Lowe·~ clerk
cc: The Honorable Janice Lough Warder
Judge, Criminal District Court
133 N Industrial Blvd., LB 38
Dallas, Tx. 75208
John Vance
District Attorney
133 N. Industrial
Dallas; Tx. 75207
Roland Jerome Madden
TDC #665734
Hughes Unit
Rt. 2, Box 4400
Gatesville, Tx. 76597
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FRED C. McDANIEL
AITORNEY-AT·LAW
1704 NORTH HAMPTON ROAD
SUITE208
DeSOTO, TEXAS 75115
214-228-1980
Guqust 15,
Mr. Roland Jerome Madden
#665734
Hughes Unit
Rt. 2, Box·4400
Gatesville, Texas 76597
~Cause No. F93-04717-TH~
Dear Mr. Madden:
The Criminal District Court is in receipt of your recent letter.
Said Court. requested that I, on its behalf, respond to your letter
and provide you·with information relative theret~. ·
In Cause No. F93-04717-TB you were convicted by a jury for the
offense of Burglary of a Building (Habitual) and on December 8,
.1993 you were sentenced to a 65 year term in prison. You received
credit for presentence jail time served from July 22, 1993 to
December 8, 1993.
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The Court has reviewed your request that the Court furnish you with
copies of the records sought by you pertaining to Cause.. No. F93-_,
047l_I::TH. Th~__cou.r.t has declined your reg~s_t_. Under the present
status of the law, the Court is not obligated to provide you with
the records sought by you in said Cause No. Un.i.ted states v.
Losing, 601 F2d 351 (1979). Smith v. Beto, 472 F2d 164 (1974).
Jones v. Superintendent, 465 F2d 1091 (1972).
You should recognize 'hat the denial of access to these records is
based upon policy and court decisions and is not the result of any
vindictive or arbitrary decisions on the part of the trial court.
You should also recognize that the records·reguested by you are not
in my possession and that I do not have a right to either order
copies o~ these records for you or ~hem .. made available for
your rev.1.ew.
( ~der
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\ the Open Records Act. you are e. ntitled to obtain copies of the '--)
Court's record$ in the above cited ~ause No. You are not, however, / \\
entitled to obtain_these copies free of charge. In short, you can
obtain the records that: you seek after you have pa.id the cost for
copies of same. The District Clerk,' s Office in Dalla·s County is in
possession of your court records.· and if you will write to this
office the office will be able to tell you the COfit of obtaining
the copies.
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Mr •. Roland Jerome Madden·
Page 2
August 15, 1996
As you may be aware, many letters written by inmates to the courts
of Dallas County are simply filed wi t~in the Court.' s jackets and
the inmates never receive a response~Such is not Judge Warder's
~olicy as she believes that you are entitled 'Ei5 a written response
to letters addressed to her aourt. It Is for this reason tfiat-·I was
-author~zed by the Court. to pronde you with the above information
regarding your letter.
I hope t~at the above information has been helpful and informative.
Good luck to you in the future.
sincerely,
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el
FCM/ts
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SHARON KELLER- CouRT OF CRIMINAL APPEALS TROY C. BENNETT, JR.
PRESIDING JUDGE CLERK
P.O. BOX 12308, CAPITOL STATION 512463~1551
LAWRENCE E. MEYERS AUSTIN, TEXAS 78711
TOM PRICE RICHARD E. WETZEL
PAUL WOMACK ..,... GENERAL COUNSEL
512 463-1600
CHERYL JOHNSON
MIKE KEASLER
BARBARA P. HERVEY
CHARLES R. HOLCOMB
CATHY COCHRAN
JUDGES .....·
January 29, 2002
Roland J. Madden, # 665734
022 Beto I Unit
P.O. Box 128
Tennessee Colony, TX 65880
€~o ~3-04717-H(B))
In response to your letter ofJanuary 22,2002 regarding wiit number W-93-04717-I:I(B), ourrecoEds
indicate that what should have been the (B) writ was an Original Mandamus, which was denied
without an order on September 16, 1998. The (C) writ was dismissed-- see Art. 11.07, Sec. 4 on·
·August 18, 1999.
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If you have further questions, please contact the Court.
Sincerely,
~7d·~4
Troy C. Bennett, Jr.
Clerk
SUPREME COURT BUILDING, 201 WEST 14TH STREET, ROOM 106, AUSTIN, TEXAS 78701
WEBSITE WWW.CCA.COURTS.STATE.TX.US
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WRIT NO. W -93-04717-H(F)
EX PARTE § IN THE. CRIMINAL
DISTRICT COURT NO. OF
j( Roland Jerome Madden DALLAS COUNTY I TEXAS
ORDER DESIGNATING ·ISSUES
Having reviewed the Applicant's Application for Writ of Habea:s·:;---
Corpusfthe Court finds that. there are .controverted, previously
unresolved issues of fact which are material to the legality of the
Applicant's confinement.
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-The Court appoints FRED C. MCDANIEL to resolve the issues and
prepare findings of fact- and conc).usions of law for the Court. The
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issues may be resolved by affidavits, depositions, interrogations,
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hearings and/or personal recollection.
The Clerk ··of the Court is ORDERED to send a copy of this oraer
to the Court of Criminal Appeals, Applicant, or Applicant's counsel
if the Applicant is represented by· counsel, and to counsel for the
State.
SIGNED AND ENTERED this _,,,..i$::.,:qay of ·.·._·:·...;;.Ma=..c...y_ _ _ _ _ _ ,
•_;>>·_.····._· ~. 2002 .
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