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CASE No.



## ------------------- TRIAL COURT CAUSE No. 17450**----------------~** STANLEY RENARDTULEY-'sr.Reiator

vs.- BASCOM W. BENTLY I I I Respondent Acting inOfficial Capacity as Judge of the 2nd Judical District Court of CherokeeCounty, Texas. § § § § § § § IN THE COURT OF
CRIMINAL APPEALS AUSTIN, TEXAS.



### rlECEIVEDIN 

### COURTOF'CRIMINALAPPEALS

APPLICANT ORIGINAL APPLICATION WRIT OF

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## 232016 MANDAMUS WITH BRIEF IN SUPPORT
TO THE HONORABLE JUSTICES OF SAID COURT: 

### AbelAcosta,Clerk Comes Now, STANLEY RENARD TILLEY Sr, Relator, pro-se, in the above styled and numbered cause, and files his original application forWrit ofMandamus pursuant to article 11.07, Section 3(c) of theTexas Code of Criminal Procedure, and would show the Court the following: ONE Relator Tilleyhas exhausted his remedies, and has no other adequate remedy at law. WALKER v. PACKER, 827 SW.2d 833 (Tex. 1992).
TWO The act sought is ministerial, and not discretionary in naturemandated 1n the Texas Code of Crim. Proc. 11.07 § 3(c)(d), requiring the trial court to complete all work, and transmit to the court ofCriminal Appeals the application, and it's recomendation togrant, or deny relief. The trial court is to complete all work within 35-day's. Under Sec.(3)(d), if the convicting-court decides that there are conEroveriea, previouslyunresolvea Iacts wnichlarematerial to the legalityof of the applicant's confinement, it shall enter an orderwithin·20 day's of the expiration of the time allowed for the state to reply,·designating the issues of fact tobe resolved. 

### (l)THREE RelatorTilley filed his writ of habeas corpus (December 18, 2015), and no copy of the application for writ of habeas corpus, no answer:io, and no responsive pleading reciting the dateupon which findings weremade, and.then transmitted to the court of Criminal Appeals. Had such document's of finding and facts been entered by the trial court, and then sent to the Court of Criminal Appeals by the respondent**~s** requiredby statue, relator Tilleywould have received notice from the Court of Criminal Appeals. [Received on such date]. ,McCREE v. HAMPTON, 824 SW.2d 578 (Tex.Crim.App. 1992). FOUR The trial court'has a ministerial dutv to resolve all work, and issueS designated
as required for resolution by all**~~affiiy**

### - ..mean's in a timely manner. Id. 11.07 I Sec. 3 ( c )(d)
. The great writ of habeas corpus is one of expediency so as to ayoid innocent citizen's from languishing in prison needlessly. MURRAY v. CARRIER, 106 s.ct. 2639, 2645, (1986). FIVE Violation of article 11.07 of the Texas Code of Criminal Procedure, the trial court (respondent) has procedurally failed toprovide a copyof the application in this cause number, a answer, or a certificate reciting the date upon which fact findings were made, or if anymade and sent tothe Court of Criminal appeals within the time frame of 35-day's provided by the statue_ll.07 within a reasonable time from the date which the applicant Tilleydocuments were requested to be**~-r~cord~d** and':be transmittedby the operation of law. McCREE, 824**sw~2d** at 579. The applicant Tilleymade request's in: Ex ParteSTANLEY R. TILLEY cause number 17450 to the Honorable judgeBascom w. Bentley III of the 2nd Judicial District Court of Cherokee County, Texas, and District ClerkJanet Gates ofCherokee County, Texas., by first class mail requesting compliance withth-2 statutory provisions to no avail. MARTIN v. HAMLIN, 25 SW.3d 718, 719 (Tex.Crim.App. 2000). (2)

### ·~ To date of this writ ofmandamus, relator has not received a response nor an
answer fro•n the trial court regarding relator Tilley's request for transmittal of a copy of the application for writ of habeas corpus art. 11.07, and it's findings of the facts an conclusions of law tobe forwarded to the Court of Crimina.l Ap9eals. It is clear from the record before the court, relator has repeatedlyput the respondent on notice that relator Tilley seeks the fact findings by the trial court forwarded to the Court of Criminal Appeals, and that such records are required by the Court of Criminal Appeals to act on relator's writ of habeas corpus The relator Tilley has gone well beyond any requirement or obligations imposed upon him by theTexas Code of Criminal Prodedure. In contrast to relator's effort's, respondent has wholly failed to comply with the Texas Code ofCriminal Procedure, art. _11.07 Sec.3(c) acting inbac'l faith has also failed to afford rel-**':-~**..... ator the professi6nal and**com~on** courtesyof any written responses to his corresp ondence and requests. Article 11.07 Section 3(c)(d) clearlypromulgated to ensure i:he writ be one of expedience, not to be placed on theback burner of the trial court docket indefinitely. PRAYER WHEREFORE, Premises considered, the relator StanleyR. Tilley Id. #01629351 proceeding pro-se, respectfully requests a finding that the respondent has not resolved the issues designated for resolution , or if respondent has done so, he has wholly failed to direct the clerkof the court to transmit documents to the Court of Crirr1inal Appeals within reasonable time after date the issues in question were resolved, and that relator brought this litigation ingood faith, and has substantiallyprevailed. Relator Tilley, prays for and orderdirecting respondent to direct the clerk of the 

### court to transmit 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 as directed in article 11.07 Sec.3(c)
.. of theTexas Code of Criminal Procedure. (3)

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INMATES DECLARATION RESPECTFULLY SUBMITTED

jj:Ql629351 ';tv"l::NN£ UNIT 810 FM 2821 HUNTSVILLE, TEXAS. "/7349.

I, StanleyRenard TilleySr., hereby swear under thepenalty ofperjury that the forgoinq information is true, and correct to my knowledge.

,.;;· CERTIFICATE OF SERVICE I, Stanley Renard Tilley Sr., hereby certify that a true and correct copy of the forgoing information has been forwarded to the respondent in the 2nd Judicial District Court ofCherokee County, Texas 75785., on th:i.s datebyU.s. Mail•.

(4)