ument contains so!"e 

Mr. Abel Acosta, Clerk \hiS doc ,_,.of poor quaht\f 

Court of Criminal Appeals of ~t~at arv·maging. 

P.O. Box 12308, Capitol Statiat,rthe t1me of 1 

Austin, Texas 78711 RECE~VED ~~~ 

RE: Submission of Writ of Mandamus COURT OF CRlMINt'.L liPP~.LS 

Dear Clerk, 

MAY 06 2015 

Enclosed please find my Original Application for writ ~~~~~~~~,,Cferk 

in Trial Court Number 1193809-C, in l84th.Judicial District Court of Harris 

County; Texas. If possible, I ask that a file stamped copy of this appli~ation, 

or a letter of positive acceptanc_e of the application be returned to me for 

my own perosonal records. 

Thank you in advance for your time, patience and effort in considering 

my most humble request. 

Respectfully submitted, 

Irvin R. Davis 

TDCJ-ID# 1653531 

Geroge Beto Unit 

1391 FM 3328 

Tennessee Colony, Texas 75880 
EX PARTE 

IRVIN R. DAVIS, 

TDCJ-ID# 1653531, Relator 

Cause No. <N93809-C 

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COURT'_ 'OF::CRIMINAL .•. 

.. OE'TEXAS 

RELA'lm' S APPLICATION FOR WRIT OF MANDAMUS 

'ID THE HONORABLE JUIX;ES,~OF .. ·THE COURT OF CRIMINAL APPEALS OF TEXAS: 

COMES NOW IRVIN R.DAVIS, how and henceforth named as the Relator in 

the above numbered and captioned cause, and Jiles this Application For Writ 

of Mandamus, an extroainary writ, seeking relief of violations of Article 

11.07 of the Texas Code·of Criminal Procedure, and in support the~eof the 

Relator will show. the following: 

:n:. RELATOR 

Irvin R. Davis, TDCJ-ID# 1653531, is an offender incarcerated in the 

Texas Department of Criminal Justice and is appearing pro se, who can be 

located at 1391 FM 3328, Tennessee Colony, Texas. 

Relator has exhausted his remedies and has no other adequate remedy 

at law. The act sought to be compelled is mfnisterial, 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 writ 

of habeas'corpus,·any answers filed and a certificatereciting 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 appJ:ication for writ of habeas 

corpus, any answeres filed, and a certificate reciting the date upon which 

that finding was made has been transmitted to the Court of Criminal Appeals. 

Had such documents been transmitted to\the Court of Crimina-l Appeals by Responent 

as required by statute, Relator.would hatve received notice from the Court 

of Criminal Appeals. 

te.ge 1 of 3 
Respondent, Ch.ris:::Dafiiel>;~,::;in:h±.S~;capacd:ty.~;asl:District Clerk of Harris 

County, Texas, has a ministerial duty to receive and file all papers in a 

criminal ·proceeding 1 and perform all other duties imposed on the cle.rk by 

law pursuant to TCCP Art. 2.21, and is responsible under TCCP 11.07 Sec. 

3(c) to immediately transmit to the Court of Criminal Appeals a copy of the 

application for writ of habeas corpus, any answeres filed1 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. 

Chris Daniel, District Clerk of Harris County, Texas, may be served 

at his place.··of business at P. 0. Box 4651, Houston/ Texas 77210-4651. 

III- Violation of Article .11.07 of. tfie TEXAS CX>DE OF CRIMINAL PROCEDURE 

The Respondent violated Article 11.07 Section 3(c) of the Texas Code 

of Criminal Procedure by failing to provide a copy of the application for 

writ of habeas corpus, any answers filed, and a certificate~·reciting the 

date upon which that finding was made to the Court of Criminal Appeals within 

the time prescribed by law. 

Relator has gone well beyond any requirement or obligation imposed upon 

him by the Texas Code of Criminal Procedure. Article 11.07 Section 3(c) 

clearly states that "[i]f the convicting court decides that thec-e are no 

such issues, 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 b.TI the Court to act within 

the allowed 20 days shall constitute such a finding. " 'IEXi~ CXDE CRI:M. P. 1 art. 

11.07 fee. 3(c). Respondent is in violation of this· procedure/ ministerial 

duties, and thus the laws of tnisJstate. 

Eaje 2 of 3 
IV. PRAYER 

WHEREFORE PREMISES CONSIDERED, Relator prays that the Court will grant 

the relief sought in this application, by ordering the Respondent to immediately 

transmit its findings to the Court of Criminal Appeals, on the face,;~of the 

pleadings within this application. 

INMATE DOCLARA.TION 

Respectfully submitted, 

Irvin R.Davis 

TDCJ-ID# 1653531 

George Beto Unit 

1391 FM . 3328 ·' 

Tennessee Colony, Texas 75880 

Pursuant to Title 6, Texas Civil Practice and Remedies Code §§ 132.001~003. 

r, ., IRVIN R:~. DAVIS I TDCJ-ID# 1653531 , being 

presently incarcerated at the George Beto Unit, in Anderson County, Texas, 

do. declare under penaity of perjury that I am the Relator in the foregoing 

Application for Writ of Mandamus, and all statements contained therein are 

true and correct. 

Singed on this the 2: day of ~JV\---'---....... 1\L--L-'{_..__ ______ , 20 J5 . 

-, 

Pa;)e 3 of 3 
EX 'PARTE 

IRVIN R.DAVIS~ 

TDCJ-ID# 1653~31,RELATOR 

On ----

Cause No. 

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ORDER 

1193809-C 

COURT OF CRIMINAL 

APPEALS 

OF TEXAS 

, 2015,th~ Realtor 1 s Application foi 

Writ of Mandamus came to be considered.The Court firids that the relator 

is entitled to the relief sought,and it is ~: 

THEREFORE ORDERED. · . .fhal_t the District Clerk of Harris County, Texas immediately 

transmit a copy of the relator's application,attached· Memorandum of Law, 

answers filed, and acertificate reciting the date upon which those findings 

were made,to the Court of Criminal Appeals of Texas. 

Signed on ---------------

JUDGE-PRESIDING-----------------
CERTIFICATE OF SERVICE;::; 

This is to certify that on May 8, 2015, a true and correct copy of the 

. foregoing Application for Writ of Mandamus was placed in the United States 

Mail, to be delivered to the Harris County District Clerk's Office, Mr. Chris 

Daniel, at·P.O. Box 4651, Houston, Texas 77210-4651. 

Sigr).ed oni:this the __J__ day of _ _.M'---'-~"---" .... Y~·--------' 20 /5 .