**C.~USE** NO. F 0816393
MARK WAYNE COLE § § 

### § IN THE 420th JUDICIAL TDCJ-ID# 1612025 

## vs. DISTRICT COURT OF Loretta Carrmack-COUNTY DISTRICT §: CLERK IN HER OFFICIAL CAPACITY, RESPONDENT

TO THE HONORABLE.JUDGE OF SAID COURT: § §
I. 

# RECEIVED IN**NAcoGr:q:{}ijR~~Miroiii~~PEALS** 

# FEB 09 

# 2015

COMES NOW, MARK WAYNE COLE, Relator,PRO SE in the above styled and numbered Cause and Action :and files this ORIGINAL APPLICATION FOR WRIT OF MANDAMUS, Pursuant to Article 11.07 Section 3 (c )of the Texas Code of Criminal Procedure, and would show**th~** Court the following: B. RELATOR l.01 Mark Wayne Cole,TDCJ# 1612025 is an Offender currently incarcerated in the H.H. Coffield Unit, Anderson County, Texas 75884. 1.02 Relator has exhausted his remedies and has no other adequate remedy at law. 1.03 The Act sought to be compelled is ministrial,not discretionary in nature. TCCP Art. 11.07. Section 3 (c) requires Respondent to immediately transmit to the Court of Criminal Appeals a copy of the Application for Wtit of Habeas Corpus,and
___:my answeres filed.And a certificate reciting 

### ' the date upon which that finding was made, if the convicting Court decides that there are no issues to be resolved. No copy of the Appli cation .for Writ of Habeas Corpus,any answers filed, and a certificate reciting the date upon which that finding was made have been transmitbd to the court of Criminal. App2als had such docu11:nt:.s been trans::nH.fed --1---**Applicati~n**

### ______ __**Rclat~r's Inf~r~ation** **R~spondent's** 

### Information Respondent's**Vi~lation** 

### Prayer for Reli:f Affidavit Certificate 0f Service Exhibit "A" Bxhibit "B" Exhibit "C" Exhibit "D" TABLE OF CONTENTS

1

--0-·--C::Court ::.of criminal Appeals by Respondent as required by Statute. Relator**w~ulca:** have received notce from the Court of Criminal Appeals. II. 

## c. Respondent 2.01 Respondent, Loretta Cammack, in her capacity as District Clerk of Nacogdoches County,Texas has a ministrial duty to receive and file
a l1 ; papers in a Criminal Proceeding: And perform ai-l ·other duties imposed on the Clerk by law Pursuant to Art. ·2.21 and is· responsible under TCCP 11.07 Sec. 3(c)to immediately transmit to the Court of Crim. App. a copy of the Application for Writ of Habeas Corpus1and any answers f iled1and a certificate reciting the date upon which that finding was made if the convicting Court decides that there are no issues to be resolved. Loretta Cammack, District Clerk, Nacogdoches'County may be served at her place of business at 101 

### w. Main st. Roomm 120-NacogdocheslTexas 75961. III. D. VIOLATION OF ARTICLE 11.07 OF THE TEXAS CODE OF CRIMINAL PROCEDURE 3.01 The Respondent violated Art. 11.07 Sec. 3(c)of the Texas Code of Criminal Procedure by failing to provide a copy of the Application for Writ of Habeas Corpus1any answers filed,and a certificate reciting the date upon which that finding was' made to the Court of Criminal Appeals 1 within the time. perscribed by law,and within a reasonable time from the date on which the documents were received to be transmitted. 3.02 Requests for the transmittal of the Application for Writ of Habeas Corpus,and a· certi-ficate reciting the date upon which that finding was made by Relator to: Loretta Cammack', District Clerk,· Nacogdoches County 1by certified mail, letters dated December 16,2013 and january 29,2014(See

---2--Attached Exhabits "A" and "B")The trial Court sent an order designating the issues which was filed on December ll, 2013 3.5 well as a letter
s t:1ting Relator's Writ of Habeas Corpus was halted for further investigation(See Attached Exhabit "C" )for order Designating Issues and Exhabit "D" for letter stating Application for Writ of Habeas Corpus had been halted. These requests by Relator made in good faith**~Pursuant** to Article 11.07 Section 3(c)of the Texas Code of Criminal Procedure. 3.03 To d3.te, Relator has received no resp::mse from Respondent regarding

3.04



### 3.05 relator's request for transmittal of a copy of the Application for Writ of Habeas Corpus,any answers filed,or a certific:1te reciting the date upon which that finding was made to the Court of Criminal Appeals. As is clear from Relator's letters, Relator has repeatedly put that Relator seeks the transmittal of a copy Respondent on notice of the Application for Writ of Habeas**Corpus~any** answers filed,and
a certificate reciting the date upon**~hich** that finding was made to the Court of Criminal Appeals,and such records are required by the Court of Criminal Appeals to act on· Relator's Writ of Habeas Corpus Relator has gone well 'beyond any requirement or obligations imposed upon him by the Texas Code of Criminal Procedure. In contrast to Relator's efforts, Respondent has wholly failed to comply with the Texas Code of Criminal Procedure,,
.Article ll.07 Section 3 (c), is acting in bad faith,and also failed to afford Relator the Professional and Common Courtesy of any written responses to his correspondence and requests. Article ll.07 Section 3 ( c )clearly states that, "if the convicting Court decides there are no such iswsues, the Clerk shall immediately · · · transmit to the Court of Criminal Appeals a copy of the Application

, any answers filed,and a certificate reciting the date upon which that finding was made. Failure of the Court to act within the allowed --3---**t~ansmit** 

### to the Court of Criminal Appeals a copy of the Application, any answers filed, and a certificate reciting the date upon which the finding was made. Failure of the Ccurt to act within the allowed (20)days 

### shall constitute such a finding. Texas Code of Criminal Procedure Article 11.07 SECTION 

### 3(c). Respondent is in violation of this procedure, ministrial duties and thus the laws of this State. IV. Prayer for Relief WHEREFORE, PREMISES CONSIDERED, Relator, Mark W. Cole, pro se respectfully requests a finding that the Respondent did not transmit documents to the Court of Criminal Appeals within a reasonable time after the date they were requested and that relator brought forth this Litigation in good faith,and has Substantially Prevailed. Relator prays for an Order directing Respondent to transmit
a copy of the Application for Writ of Habeas Corpus, and any answers filed,and any answers filed, and a certificate reciting the date upon which that finding
was made to the Court of Criminal Appeals as directed in Article 11.07 Section 

### 3(c) of the Texas Code of Criminal Procedure and in the .Relator's letters,( Exhibits "A" and "B" )
.

# ~d, Mark W. Cole,Relator E.AFFIDAVIT
I swear under oath that the facts and allegations in the above Application for Writ of Mandamus are true and correct.
Relator UNSWORN DECLARATION Pursuant to Title 6, Section 132, v.c.S.A Civil Practice and Remedies Code, and Senate Bill #245 effective September lst. 1987.I, Mark ,:,·

## .w. Cole, T. D.

## c.J.

## -c. I.D. #1612025,Being presently incarcerated in the Texas Department of Criminal Justice Institutional Division located in Anderson County at the H.H. Coffield Unit, 26612 FM 2054 in Tennessee Colony Texas 75884; now declare under penalty of perjury, that the forgoing "Affidavit Relating to Previous Filing" is true and correct.

Executed on this, the day of January,

...-v' .......

\ 

### \

(2) 2015.

# ~tprose Coffield**bnit-'1'·~**

# o·.c. J.

## -c.I.D. 2661' FM 2054 Tennessee Colony, tx. 75884f 

## NACOGDOCHES COUNTY

- DistrictClerk LorettaCammack
Mark Wayne Cole-TDCJ-#1612025 Coffield Unit 2661 FM 2054 Tennessee Colony, Tx 75884
DearMr. Cole,
Ouroffice received letterregarding the status ofyourapplication for writ ofhabeas corpus.Your letter related thatthis office has not responded. Thisis not an accurate statement. This office sentyou a letteron 12/27/2013 with a certified copy ofthe OrderDesignatingIssues and an explanation ofwhat this orderis.This office primarilyis the filing destination for court documents. The DistrictClerk'soffice is not responsiblefor expediting the process ofapplications forwritsofhabeascorpus especially in theevent ofan OrderDesignatingIssues. To learn more aboutyour status,you should ci:mtactJudge Klein's office. Included are tile documentsyou requested. All ofthefolluwing information is true and correct to thebestofmy knowledge on this day September 15, 2014.
LORETTACAMMACK DISTRICTCLERK NACOGDOCHES**COU~TY,** 

### TEXAS

l0l West Main Street, Room 120 Nacogdoches, TX 75961 (936) 560-7730 • (936) 560-7839 Fax

lcammack@co.nacogdoches.tx.us

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### December12, 2013
Mark Cole #1612025 

## NACOGDOCHES COUNTY District Clerk

. Loretta Cammack



### Coffield Unit 2661 FM 2054 Tennessee Colony, Texas 75884 F0816393-A DearMr.Cole, Judge EdwinKleinhasissued an order designatingissues. This meansthe application for writ ofhabeas corpushasbeenhalteduntil · the issues inthe orderhave beeninvestigated. Yours Very Truly, Loretta Cammack District Clerk

.**~a** 

### ogdoches County, Texas \

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## - '

## .~ 

# v Laurie

# Phillip~~rk Cc: Nicole Lostracco

I0I West Main Street, Room 120 Nacogdoches, TX 75961 (936) 560-7730 • (936) 560-7839 Fax:

lcammack@co.nacogdoches.tx.usCAUSE NO. F0816393-A 

### FILED ;lA'tWGOOGHES COW4 fY 

## TEXAS 

## 13DEC 

## I I PH 

## f: 11 § IN THE

## 420**~1~?.~** COURT OF

### OISiRICT·C~ERK ' 

### EX PARTE


## MARK WAYNECOLE NACOGDOCHES COUNTY, TEXAS
ORDER DESIGNATING ISSUES 

### Having reviewed the applicant's petition for writ ofhabeas corpus, the Court finds that ihere are controverl<!d, pr<!viousiy**unr~;;sQlvd** t'acb tnllteria\ 

### w the legality of the app!icant's confinement. The Courtdesignates the following issues oftact to be resolved: 1. 

### Whether Applicant received etlective assistance ofcounsel prior to entering his plea ofguilt; 2. Whether Applicant entered his plea ofguilt voluntarily. Therefore, pursuant to Te:<as Code of Criminal Procedure, Article 11.07, 

### §3(d), this Court will resolve the above-cited issttcs and then enter findings offact and conclusions oflaw. These issues shall be resolved by affidavits to be submitted by the pat1ies as well as personal recollection by the Court and the pleadi11gs on file. The parties are therefore ORDERED 

### to submit their affidavits and any pleadings or briefs to accompany the affidavits within 30 days of the filing date ofthis Order. Signed on the II th 

### day ofDecember, 20\3.

The undersigned does hereby certify that the foregoing is a true and correct copy of the original instrument as the same appears in the official records of the District Clerk of Nacogdoches County, Texas. 

### _:5 CERTIFIED t11is

### the~day

### of.J2et~. 20_/ ·**LOREIT~A** CA**MACK~Dis~~rk.** tJ,

../2-. BY:
__**.cU/J..Ld._':;tYdL1LU1f~** Deputy

# ~~-;_{~· ffiWIN A. KLEIN

. 

### PRESIDING JUDGE



# Certified 

# CopyLoretta Cammack Court CJerk Dear Ms. Cammack, I am writing tc you in resards of my r.,!rit and**f'ilotion~.** coui).c1

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### me where or at \vhat stage my vJrit and Mot:ion.s are at,**a~hd c(")~~ld** **~-** 

## __-'"F' D<::te my last Motions and send me a copy of th<;m, as well as how:=:lpng**~· :::~**  :,':.-:: ::o :.' to get an answer? 0**~ ~** **~ ~**  n, ; r**~ ~~** **~I** ( I Re1;pectfull'.',**~**



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### December 27, 2013


### Mark Cole #1612025 

### Coffield Unit 2G61 FM 205t1 

### Tennessee Colony, Texas 75884 F0816393-A DearMr.Cole, Judge EdwinKleinhas issued an order designatingissues. This means the application for writ ofhabeas corpus hasbeenhalteduntil the issues inthe order havebeeninvestigated. YoursVery Truly, Loretta Cammack District Clerk Nacogdoches County, Texas

# ~Ph,ll.~D - C.l k .uaur1e
. 1 1ps, eputy er
Cc: Nicole Lostracco

I0I West Main Street, Room 120 Nacogdoches, TX 75961 (936) 560-7730 • (936) 560-7839 Fax ' lcammack@co.nacogdciches.tx.usDeac Clerk/Judge,

the District Attorney and Trial Judge due to the**Prosecuto~:'s** misconduct,the Tr-ial J1.1dge' s abuse of discretion aQ,d gross negligent violations of Petition0·-

r- f C• L**~>** State 2ncJ Fecier.:il R.ights. 5th 1 6th,8th and 14th Amendments as well as violations of S.B. 11.2**Amc~nded** to S.B. 1940 and S.B. 1.55\/.by 8lst Texas Legislature. The Petitionee's incompetency and mental instability are of such a level 

### that specialized (Veteran's t<Hl Care ·.i.e. PTSD Schizoeffective etc. SI/HI, flashbacks and hearing voices). Patitioner needs specialized care not available in TDCJ-CID. tet the record be known that I am being har-cessed by Correctional Officer-s from Majors**do•t~n** to CO's. Denial of access to my legal mail, denied the right to the La1v Libr-ary and even medical care, my celigious activities, suffering abusive language.I'm cequesting assistance by issuing Ot:"ders for them to leave me alone. S.i.r , will you please assign me an attorney to represent me at my hearing and to assist in 11.07 Writ of Habaes Cot:"pus due ·to my lack of knowlecge and undet·standin·::: of the Jaw. I r-espectfully request that you also honor my req,uest for· an evidentary hearing and to be Bench War-t:"anted to said**hear.i~.** Respectfully/ 

# xff/l;_:}_64_

_____

Mack Wayne Cole 411612025101 West r1ain-Room 120 r>.iacoqdoc:-:t8s,

.. Texas 75961 IDear Clerk of the Court, Please forward me a copy of Motions for Evidentary Hearing, M:)tion Requesting a Bench Warrant, as well as a copy of Affidavit in Support of 11.07 Writ of Habaes Corpus. Also, please advise 

### as to their status,whether they have been Approved, Denied or Pending.

Respectfully,

X 

# CffluJ

# u

Mark Wayne Cole #:1612025[Mr. Agnew even sent 'another Attorney by the name of Duke Brazelton about taking the offer made 

### by Mr. Agnew. Mr. Agnew even Waived my Rights without my knowledge or consenL as well as**~vaving** my Rights to a Competency Hearing in which he had absolutely no right to do, because I didn't understand while being very heavily medicated and not in a right state of mind]. I am requesting an Evidentiary Hearing and the right to be present at Said ·Hearing by Order of a Bench t'larrant. I also request to be appointed Counsel

at Said Hearing so that I may consult with Said Attorney. 

### Prison conditions during Lockdowns restr-ict o [fenders from going to the Prison Law Library and only allow us 2(two)Law Books every other day, which makes access to the Courts
even more difficult for us. With NO disrespect intended YOUR HONOR,**justic~** 

### has failed me and I've suffered a grave injtwstice!·

Respectfully Submitted,

X

# vrlJ &t.i!:I612DH

Mark Wayne Cole, TDCJ#1612054 Coffield Unit-TDCJ-ID 2661 FM 2054 Tennessee 

### Colony, Tx. 75884

# ~ 

# },·-**S-1~**

### THE STATE of TEXAS NACcx:;JX)CHES COUNTY, TEXAS

APPLICANT'S [PERSON.Z>.L**li\FFI~VIT]** ( 

### Comes Now Mark Wayne Cole, TDCJ-ID#l612025 who asked Mr. William Agnew to remove himself from my Case in January of 2009. I fired him in writing and he told me that I couldn't do that, and the Judge wouldn't allow me to fire him either. 

### My reas?n for firing him was that, he didn't investigate the facts pertaining to my 

### Case. Mr. Agnew said that there was no reason to investigate any of my witnesses.and neither did he investigate the SBs under the 8lst Legislature. Mr. Agnew'didn't investigate the facts concerninq my actual innocence, nor did he investigate NGRI[Not Guilty By Reason of Insanity], telling me that I couldn't make such a plea. He only brought one plea bargin offer, and when I wouldn't agree, he threatened me, coerced me and defrauded me by makinq an involuntary plea b·E--fore tellinq me once again that I couldn't make a plea of NGRI. It was during August/September throuqh November 2009 when I was heavily medicated
on Psych medication from North Texas State Hospital per Judge's orders! I
was in such a state that my mind was clouded from the heavy medication, and I was. clearly unable to reason or conclude anything whatsoever. I didn't understand anythinq that was happening during Said Trial, nor did. I understand the ongoing from October of 2008 to November of 2009, to this present time, I just don't know what happened!

### CAUSE 

### NO. 

### MacK.·w.eole_ Applicant,



### THE EVIDENTARY HEARING COMES NOW

### ,Maf.ls..vJ.Col

## e , TDCJ CID 

### #/61:J.;2'i , 

### Applicant in the above-styled and -numbered cause and files this 

### motion to request to be bench. warranted back to this county in order to be present at the evidentary hearing, and shows· good cause to GRANT 

### this motion as follows: 1) 

### the Applicant belives that he has a right to be present
__**:~** 

### to provide or. explain any document that may reviewed by this court and to hold a--proper argument against the state's case in chief, as provided by the U.S. 

### Constitution, Amendments 5 and 14. 2) 

### Seeing that the Applicant is present would be benefitial to this court upon any confusion that may occur or upon any explaination. PRAYER 

### The Applicant prays that this court will GRANT 

### this motion and order that the Applicant to be bench warranted to this county in order to be present at his evidentary hearing. INMATE DECLARATION I, MorKvJCde , TDCJ# 

### Ji:,/J.._o;)..5 , 

### being incarcerated in the 

### TDCJ-CID 

### Coffield ' 

### unit in Anderson County, Texas, do declare that the.for going is true and correct under the penalty of perjury. 

### EXECUTED THIS DAY OF NOVEMBER ' 2013 it

### ted, 

# 1

### Mc
..rK. w.Cale 

### Applicant, 

## v. The State of Texas, Appellee. CAUSE NO. § § 

### § § § §



### NOW**COMES,.LVlc-tn:.~w** 

### . .Cole , TDCJ**#it:.ldo2.~,** 

### Applicant in the above-styled and -numberd cause and files this motion to request for an evidentary hearing on the medical records and military records, and shows good caus= to 

### GRANT this motion as follows: 1) 

### The Applicant filed a habeas corpus writ application within this court on· or about Oct. 22nd of 2013. The Applicant raised several grounds that involves the Applicant's medical history of posttrumatic stress disorder and trumatic brain injury from a 

### series of trumatic military experiences. 2) 

### The Applicant requests that this court will hold and conduct a:1 evidentary hearing on s:Jch records because the applicant believes that the medical history can and will provide an adequent vehicle in order to support the applicant's claim of involuntary plea bargain. Additionally the Applicant believes that this evidence would be favorable to all parties in order to see that justice is done. 3) 

### Further the Applicant asserts that he, still to this day,**h~s** 

### not seen his indictment, nor any other documents that pertain to this case at hand and further requests that this court will grant the applicant this oppertunity to have an evidentary hearing in order to pcoperly exhaust his presented claims to this court. PRAYER Tn2 

### Applicant prays that this court will 

### GRANT this motion and request for an e·v-identary hearing on this e·;Jidence at hand in order that the Applicant can have the courts ruling on this presented evidecne. In alternative, the Applicant prays for
an evident;:try hearing on any other e·;,ridence that this court sees fit.

PAGE 1 

### OF 2

# .. INMATE DEcu.RATION I, 

## MaCK \N. 

## C<)i

# e 

# . TDCJ #!L,!.lo:J£ , b2ing 

### incarcerated in the TDCJ-CID Coffield unit Ln Anderson County, Texas, do declare that the for going is true and**corre~t** 

### under the penalty of perjury.

EXECUTED Tt-1 CS DAY OF NOVlliBER 

### ' 2013.

PAGE 2 OF 2 I 

### Respectfully Su\:xnit

### ted,

# ~e..& 2661 FM 2054 Tenn.coloGy, Tx. 75884 PRO-SE.