CASE NO. 14-01-00582-CR 

In re Kevin Wells Diamond 

TDCJ-ID#l040560 

v. 

\\t'.Cr~S County District Cleik: 

In His Official Capacity, 

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In The \J~~ Judicial 

District Court Of 

tl . ._.f1,_4.,_.c_._c_..,...._s ___ c o u n t y , ·rex a s 

~ECE~VED ~N OOURT Of CRIIVIINAl AWIEAlS 

FEB 09 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 For Writ Of Mandamus,pursuant to CCrP 1.05l(right to 

representation by 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 it quotes, "When the issue cannot be raised on direct 

l. 
review, m~reover, a prisoner asserting(***l9] an ineffectiveassistance-of-trial-counsel claim in an initial-review collateral 

proceedinq cannot relv on a court opinion or the prior work 

of an attorney addressing that claim. Halhert,~45 U.S- -at 619.125 

S-Ct. 2582-162 L.Ed.2d 552. To present a claim of 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 proceedinqs by the trial 

court on or about January llth. 2015 

I I . 

On or about the month 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 11.07 habeas corpus. Relator was in leaal need of information in reaards to his 

trial attorney's possible trial strateay; as well as what or any 

investiqative work that his trial attorney mav 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 or maY 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 evidentiarv basis 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 claim with any merit. 

II I. 

Relator's constitutional 14th Amend. rights are being violated 

by not allowing him effective 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 "any person haled 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 judiciary svstem 

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 of his informa 

pauparis claaim of indiaent,therefore forwardinq relator his 

trial records,or.forwardinq relator's trial records to the oolun 

sky unit 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 'bl-~ ·SJ y~ 3. 
KEVIN WELLS DIAMOND 

TDCJ-ID # 1040560 

CAUSE NO. 14-01-00582-CR 

IN THE \ lf+\.... JUDICIAL 

v. DISTRICT COURT OF 

\\o..cs\S COUNTY DISTRICT CLERK: 

IN HIS OFFICIAL CAPACITY, 

ORDER 

On this day, came on to be heard the foregoing Relator's 

Application for Writ of Mandamus and it apoears to the Court 

that the same should be: 

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. 

SIGNED on this the day of -·· ,2G 

PRESIDING JUDGE 
INMATE 1 S D8CLARATION 

I swear under oath that the facts and alleoations in the 

above APPLICATION FOR WRIT OF MANDAMUS are true and correct. 

RELATOR 

CERTIFICATE OF SE~VICE 

I hereby certify that a true and correct copy of the above APPLI 

CATION FOR WRIT OF MANDAMUS was served on THE COURT OF CRIMINAL 

APPEALS by placing a copy in the unit's mailbox addressed to: 

Clerk: Abel Acosta, Supreme Ct. Bldq,20l W 14th St.,Rm l06,P.O. 

Bx. 12308-Austin,Tx. 78711-2308 on this the 4th dav of Febuary 

2015. 

RELATOR