William Mcintosh 

688254 

Robertson Unit 

.. ··'· 

12071 F.M. 3522 

Abilene, Texas 79601 

\ Clerk , 

Abel Acosta 

COURT OF CRIMINAL APPEALS 

P.O. BOX 12308 

Austin, Texas 78711-2308 

Dear Clerk, 

January 10, 2015 

Please find enclosed a Motion to Compel. Could you please file and 

let me know when the above mentioned has been set for a hearing. I have also 

enclosed an affidavit of indigency. Thank you for your assistance in this 

matter. 

William Mcintosh 

RECEIVED IN 

COURT OF CRIMINAL APPEALS 

JAN 15 2015 

Abel Acosta, Clerk 
William Mcintosh 

vs. 

IN THE · 

COURT OF CRIMINAL APPEALS 

Austin, Texas 

Trial Court no. :c_20,084-cR 

Appeal Case. No. 

State of Texas 

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MOTION '1'0 catPEL 

'1'0 THE JUDGES OF 'l'HE caJRT OF CRIMINAL APPEALS: 

COMES NCM, William Mcintosh, "Movant", Pro Se and . respectfully files 

this his MOTION TO COMPEL. 

l. 

This most Honorable Court holds injuctive I mandamus subject matter 

jurisdiction over the issue and parties involved. See, In re Bonilla, 424 

s.w. 3d (Tex.Crim. App. 2014). ---- ii. 

On May 28, 2014, the Movant sent a letter to the District Attorney of 

Ellis County requesting ato puchase copies of some of the paperwork involved 

in his criminal conviction in order to file a 11.0783 habeas corpus .(see 

attached) · 

III. 

On December 15, 2014, Movant then notifed the jduge of the 40th Judicial 

District that the D.A.'s office only sent a letter denying the request under 

section 552. 223(a)(l). and asking the Judge to order the D.A. to inform the 

Movant of said costs. (See attached letter to Honorable Bob Carroll). 

IV. 

Having notifed the Judge of said court about this the Movant now has 

no other adequate remedy of law available to him and requests this Court 

to issue appropriate orders that the District Attorney of Ellis County inform 
Movant of the costs so that he may be able to purchase a copy of said records. 

So that he may file an accurate 11.073 habeas corpus in the interest of justict 

and so that accuracy over finality may be practiced. 

v. 

WHEREFORE,. PREMISES CONSIDERED, Movant prays this most Honorable court 

would Grant this motion: entering orderes that Distrct Attorney Patrick Wilson 

shall supply Movant with a list of how much it will cost to obtain the records 

asked for in the interest of justice, and to make final adjudication upon 

Movant's attached MOTION within a reasonable time specified by this Court. 

VI. 

I, William Mcintosh, TDCJ-ID no. 688254, being confined in the French 

M. Robertson Unit of the TDCJ-Id system, in Jones County, Texas; do hereby 

verify and declare under penalty of perjury that the foregoing MOTIN, its 

STATMENTS and all ATTACHMENTS are true and correct, as well as being offered 

by myself, in GOOD FAITH. I also attest that I-'am indigent and unable to 

pay costs of procesing this MOTION. 

SIGNED AND EXECUTED ON THIS the lOth day of January, 2015 

Respectfully Submitted, 

Movant, Pro Se 

William Mcintosh 688254 

Robertson Unit 

12071 F.M. 3522 

Abilene, , Texas 79601 

VII. 

I do hereby certify that a true and correct copy of the foregoing Motion 

has been served upon Patrick Wilson District Attorney of Ellie County via 

u.s. Mail on this the lOth day of January, 2014. 

Willliam Mcintosh, Pro se. 

.-.... ~ 
ELLIS COUNTY & DISTRICT ATTORNEY 

PATRICK M. WILSON 

EuJs CouNTY CounTs BtiiUliNt; • I 09 S. jAcKSON • WAXAIIACIIIII. TX 75165 • (972) 825-5035 • fAx (972) 825-5047 

William Mcintosh 

TDCJ-ID#688254 

Robertson Unit 

12071 FM 3522 

Abilene, Texas 79601 

June 4, 2014 

Re: Public Information Request 

Dear Mr. Mcintosh: 

.. Please let this serve as a response to your letter dated May 28,2014. Pursuant to Texas Open 

Records Act § 552.223(a)(l), agovemmental entity is not required to accept or comply with a 

request for information from anindividual who is imprisoned or confined in a correctional facility. 

On this date, this office confirmed that you are presently confined in the Robertson Unit of the Texas 

Department of Criminal Justice. 

MAM/jam 

Sincerely, 

M. Ann Montgomery-Moran 

Asst. County & District Attorney 
William Arthur Mcintosh 

Robertson Unit 

TDCJ-ID no. 688254 

12071 F.M. 3522 

Abilene, Texas 79601 

Honorable Bob Carroll 

Courts Building 

309 s. Jackson St. 3rd Floor 

Waxahachie, Texas 75165 - 3745 

certified Mail no. 7001 2510 0003 1040 2796~ .~:. :.P , 

Re: cause no.'s 20,084 CR et al. 

December 15, 2014 1~· 

. . ~. 

Sir, 

I recently wrote to the District Attorney and requ~sted inormation from . the D.A. regarding my criminal conviction, as referenc~d in the above numbere! 

cause number. He responded back quoting Section 552~223(a){l) where he does 

not have to comply with a request from an inmate. (See Attached Letter). 

Recently the Texas Court of Criminal Appe~ls handed downa decision 

that deals with this type of issue. In Re Rosali Bonilla, 424 s.w. 3d 529 

(Tex.Crim. App. 2014). In which the Court stated the following; "For ''an indigent 

inmate wishing to pursue an application for a writ of habeas cotpus in a 

non-death case under Article 11.07, as here, ordinarily the burde~ falls 

solely on him, without appointment of counsel, to initially file his applicaction. An Applicant will usually only get only one bite of the habeas corpus 

apple because se~tion 4 of article 11.07 precludes a court from conmsidering 

the merits of or granting relief based on a asubsequent application unless 

the application·' contains sufficient specific facts establishing one of the 

two limited exceptions to the one-bite rule. See Tex.Code.Crim.Proc. art. 

11.07 §4." 

"In all likelihood, an applicant will need obtain and review his 

trial and appellate transcripts to ensure that he considered the entire 

record so that he may present all his claims at what will likely be his first 

and only bite at the habeas corpus apple. And the first step to obtaininga · 

transcript is to find out how much it costs. By refusing to tell the relator 

how much it would cost to purchase a transcript, the district clerk cut off 

relators ability to prepare and present a complete application for a writ 

of habeas corpus." 

"By depriving relator of the information about the costs to obtai his 

trial and appellate transcripts, the district clerk's policy invoking section 

552.028 deprived relator of the ability to prepare an application for a writ 

of habeas corpus that included all possible grounds for and thereby denied 

him the right to access the courts." 

This is a similiar situation except tha the information would be use 

to file a 11.073 writ of habeas corpus which the Texas Court of Criminal 

Appeals handed down an opinion in Ex Parte Robbins No. WR-73,484-02 and they 

determined that 11.073 qualifies as new law and overcomes a ®4 bar of the 

writ. So the D.A. has effectively denied me access to the courts. . I am now asking you to order the D.A. to turn over the following paper 

work or inform me of the cost to ac~uire a copy of the list of paperwork 

so that I may parchase said from the D.A. s office. 
1. All Doctors reports from Dr. R. Walton and A Dr. Prescott. 

2. A copy of the polygraph examination viddeotape and transcript. 

3. Affidavits from Christine McMurray and Linda McMurray. 

4. A copy of the interview of Victim by Arlette Werthman as well as a copy 

of the interview of Crystal, McRae. 

These items are in the possission of the D.A.'s office and are needed 

to have an expert review them and determine if I have sufficient need to 

file a writ on the 11.073 section. Please inform of what you determine. 

William Mcintosh 

I, William Mcintosh attest 

sent to the judge. 

tv :lL .P~i k:/ 

William Mcintosh 

that this a true and correct copy of the letter 
William Mcintosh 

pro se 

County of Jones 

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AFFIDAVIT OF INDIGENCY 

Comes Now William Arthur·Mcintosh, Affiant, and he files this his affidavit 

of indigency. Mclnoths attests that he has no earned income and has no source 

of income other than what is gifted to him by friend sand family. 

i, William Arthru Mcintosh, TDCJ-ID no. 688254, being confied in the 

F.M. Robertson Unit in Jones County, Texas; do hereby declare under pen·alty 

o perjury that the foregoing statement is true and correct and is being offered 

by myself in GOOD FAITH. 

REspe. ctfully submit~, ,r fvJLJ0;t . William Mcintosh, pro se