CASE NO. 14-01-00582-CR In re Kevin Wells Diamond TDCJ-ID#l040560


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# FEB09**Z~1S** vJRl'l' OF MANDAMUS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW,WELLS,KEVIN DIAMOND,Relator,pro se in the abovestyled and numbered cause of action and files this Oriqinal Application ForWrit Of Mandamus,pursuant to CCrP 1.05l(right to representationby counsel).CCrP 26.04 (appointment of counsel), CCrP 26.051 (indigent inmate) of the Texas Code Of Criminal Procedure, and**wo~ld** show the Cotirt the**followinq~** RELATOR: Kevin Wells, Diamond, TDCJ# 1040560,is an offender incarcera ted in the TEXAS DEPARTMENT OF CRIMINAL JUSTICE and is appearinq pro se, who can be reached at the Polunskv**~nit** 3872 FM 350 South Livinqston,Texas 77351; ?olk County.

Relator is without an adequate level of understandinq of law.**Rela~or** does not have the leqal understandinq required to ad dress or argue law, therefore. relator has requested leqal repre sentation in accord with CCrP 1.051 in the interest of justice. Relator has forwarded a Motion·For ApPointment Of Counsel and
was duly denied· bv the trial court. In Martinez v. Ryan.132 s.ct. 1309 itquotes, "When the issue cannot be raised on direct 

### l.review,**m~reover,** a prisoner asserting(***l9] an ineffectiveassistance-of-trial-counsel claimin an initial-reviewcollateral proceedinq cannot relv on a court opinion or the priorwork of an attorneyaddressing that claim.**Halhert,~45** U.S--at 619.125 S-Ct. 2582-162 L.Ed.2d 552. To present a claimof ineffective assistance at trial in accordance with state's procedures, then,
a prisoner likelv needs an effective attornev." Relator's attorney did not raise issues of ineffective assistance of counsel on relator's direct appeal. Relator was denied the riaht to have an attorney to represent him in collateral proceedinqsby the trial court on or about January llth. 2015 I I . On or about themonth of November. 2014, relator forwarded the convictina trial court an Motion For Loan Of Reoorter's Records and was denied this riqht to argue his ineffective assistance of counsel claims in collateral proceeddinqs, via 11.07habeas corpus. Relatorwas in leaal need of information in reaards to his trial attorney's possible trial strateay; as well as what or any investiqativework that his trial attorneymav have done. Without any trial records coulpled with the fact that relator is ia norant of the law it is impoosible for relator to comprehend an**~ -:~** **·.~~**,...,.._- 11-07 Habeas Corous Writ.which is the hiqhest writ in the land. Quoting, Cf.,e.a--id.-at 620-621,125 S.Ct-2582,162 L.Ed 2d 552- "The same would. be true if the State did not appoint an attorney to assist the prisoner in the initial-review collateral proceedings. The prisnner,unlearnP.d in the law mav not comply with the St.ate's Procedural rules ormaY misaPprehend the sub stantive detaills of federal constitutional law. (describina 

### 2 .the educational background of the prison pooulation). While confined to orison-the prisoner is in no oosition to develope the evidentiarvbasis for a claim of ineffective assistance, which oftP.n turns on evidence outside the trial record. Without trial records nor attorney it is**impossibl~** for relator to araue
an ineffective-assistance-of-counsel claimwith anymerit. III. Relator's constitutional 14th Amend. rights are being violated by not allowing himeffective reoresentation on his Habeas Corpus collateral proceedinas, reaardina ineffective assistance of trial counsel claims. It 1s deemed as an "obvious truth"[***20 ],the idea that "anypersonhaled into court.who is too poor to hire a lawver,cannot be assured a fair trial unless counsel is provided for him." Gideon v. Wainwright-372 US- 335.344,83 s.ct. 792[2BSJ9 L.Ed.2d 799(1963) This relator requires the quidina hand of counsel at every staqe of the judiciarysvstem and adversary svstem. IV. PRAYER FOR RELIEF Relator prays that this Honorable Court grants him one of three possibilities in his quest to argue his ineffective assis tance of trial counsel claims; (l)the granting ofhis informa pauparis claaimof indiaent,therefore forwardinq relator his trial records,or.forwardinq relator's trial records to the oolun skyunit on loan for relator's use or to appoint relaor with an apoellate attornev to arque relator's ineffective assistance of trial counsel claims on collateral oroceedinqs. Respectfully submitted, by

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# ·SJ**y~** 3.KEVIN WELLS DIAMOND TDCJ-ID # 1040560 CAUSE NO. 14-01-00582-CR INTHE\

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## \\o..cs\S COUNTY DISTRICTCLERK: IN HIS OFFICIAL CAPACITY,

ORDER On this day, came on to be heard the foregoing Relator's Application for Writ of Mandamus and itapoears to the Court that the same shouldbe: GRANTED

IT IS THEREFORE ORDERED THAT the District Clerk shall immediately transmit to the Court of Criminal Appeals any answers filed.and
a certificate recitinq the date uoon which that transmittal was made. SIGNEDon this the day of-·· ,2G

PRESIDINGJUDGE

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### SD8CLARATION I swear under oath that the facts and alleoations in the above APPLICATION FOR WRIT OF MANDAMUS are true and correct.

RELATOR

CERTIFICATEOF**SE~VICE** I hereby certifythat a true and correct copyof the above APPLI CATION FOR WRIT OF MANDAMUS was served on THE COURT OF CRIMINAL APPEALSby placing a copy in the unit's mailbox addressed to: Clerk: Abel Acosta, Supreme Ct. Bldq,20l W14th St.,Rm l06,P.O. Bx. 12308-Austin,Tx. 78711-2308 on this the 4th dav of Febuary 2015.

RELATOR