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 iled1 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. 

Loretta Cammack, District Clerk, Nacogdoches'County may be served 

at her place of business at 101 w. Main st. Roomm 120-Nacogdochesl Texas 

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 fin ding was' made to the Court of Criminal Appeals 1 

within the time. per scribed 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 1 by 

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 

Respondent on notice that Relator seeks the transmittal of a copy 

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. 75884 
f 

NACOGDOCHES COUNTY - District Clerk 

Loretta Cammack 

Mark Wayne Cole-TDCJ-#1612025 

Coffield Unit 

2661 FM 2054 

Tennessee Colony, Tx 75884 

Dear Mr. Cole, 

Our office received letter regarding the status of your application for writ of habeas 

corpus. Your letter related that this office has not responded. This is not an accurate 

statement. This office sent you a letter on 12/27/2013 with a certified copy of the 

Order Designating Issues and an explanation of what this orderis. This office 

primarily is the filing destination for court documents. The District Clerk's office is 

not responsiblefor expediting the process of applications for writs of habeas corpus 

especially in the event of an Order Designating Issues. To learn more about your 

status, you should ci:mtactJudge Klein's office. Included are tile documents you 

requested. 

All of the folluwing information is true and correct to the best of my knowledge on 

this day September 15, 2014. 

LORETTA CAMMACK 

DISTRICT CLERK 

NACOGDOCHES COU~TY, TEXAS 

l 0 l West Main Street, Room 120 

Nacogdoches, TX 75961 

(936) 560-7730 • (936) 560-7839 Fax 

lcammack@co. nacogdoches. tx. us 
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$ i§;i700 

Qertilied Fee $tltW 

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CJ Return Receipt Fee 

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SENDER: COMPt.ETE7HIS S~CTION COMPLETE THIS SECTION ON DELIVERY 

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PS Form 38,11 , February 2004 

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Domestic Return Receipt. t02595·02·M·1540 . 
December12, 2013 

Mark Cole #1612025 

NACOGDOCHES COUNTY 

District Clerk 

. Loretta Cam mack 

Coffield Unit 2661 FM 2054 

Tennessee Colony, Texas 7 5884 

F0816393-A 

Dear Mr.Cole, 

Judge Edwin Klein has issued an order designating issues. This 

means the application for writ of habeas corpus has been halted until · 

the issues in the order have been investigated. 

Yours Very Truly, 

Loretta Cammack 

District Clerk 

. ~a ogdoches County, Texas 

\ . - ' 

.~ v 

Laurie Phillip~~rk 

Cc: Nicole Lostracco 

I 0 I West Main Street, Room 120 

Nacogdoches, TX 75961 

(936) 560-7730 • (936) 560-7839 Fax: 

lcammack@co. nacogdoches .tx. us 
CAUSE NO. F0816393-A 

FILED 

;lA'tWGOOGHES COW4 fY 

TEXAS 

13 DEC I I PH f: 11 

§ IN THE 420 ~1~?.~ COURT 

OF OISiRICT·C~ERK ' 

EX PARTE 

MARK WA YNECOLE NACOGDOCHES COUNTY, TEXAS 

ORDER DESIGNATING ISSUES 

Having reviewed the applicant's petition for writ of habeas 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 Court designates the following issues of tact to be resolved: 

1. Whether Applicant received etlective assistance of counsel prior to entering his 

plea of guilt; 

2. Whether Applicant entered his plea of guilt 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 of fact and conclusions of law. 

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 of this Order. 

Signed on the II th day of December, 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 Copy 
Loretta 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 

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D<::te my last Motions and send me a copy of th<;m, as well as how:=:lpng 

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December 27, 2013 

Mark Cole #1612025 

Coffield Unit 2G61 FM 205t1 

Tennessee Colony, Texas 7 5884 

F0816393-A 

Dear Mr.Cole, 

Judge Edwin Klein has issued an order designating issues. This 

means the application for writ ofhabeas corpus has been halted until 

the issues in the order have been investigated. 

Yours Very Truly, 

Loretta Cammack 

District Clerk 

Nacogdoches County, Texas 

~Ph,ll.~D - C.l k 

.ua ur1e . 1 1ps, eputy er 

Cc: Nicole Lostracco 

I 0 I West Main Street, Room 120 

Nacogdoches, TX 7 5961 

(936) 560-7730 • (936) 560-7839 Fax 

' lcammack@co.nacogdciches.tx.us 
Deac 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. 

5th1 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 Schizoeffecti ve 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 

cequest ing 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 411612025 
101 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 tell inq 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\:xni t ted, 

~e..& 2661 FM 2054 

Tenn.coloGy, Tx. 75884 

PRO-SE.