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CASE No. -------------------

TRIAL COURT CAUSE No. 17450 ----------------~ 

STANLEY RENARD TULEY -' sr. Reiator 

vs.-

BASCOM W. BENTLY I I I Respondent 

Acting in Official Capacity as 

Judge of the 2nd Judical District 

Court of Cherokee County, Texas. 

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IN THE COURT OF 

CRIMINAL APPEALS 

AUSTIN, TEXAS. 

rlECEIVED IN 

COURT OF' CRIMINAL APPEALS 

APPLICANT ORIGINAL APPLICATION WRIT OF f.;t:'( 23 2016 

MANDAMUS WITH BRIEF IN SUPPORT 

TO THE HONORABLE JUSTICES OF SAID COURT: Abel Acosta, Clerk 

Comes Now, STANLEY RENARD TILLEY Sr, Relator, pro-se, in the above styled and 

numbered cause, and files his original application for Writ of Mandamus pursuant 

to article 11.07, Section 3(c) of the Texas Code of Criminal Procedure, and would 

show the Court the following: 

ONE 

Relator Tilley has 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 nature mandated 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 of Criminal Appeals the application, and it's 

recomendation to grant, 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, previously unresolvea Iacts wnichlare material to the legality of 

of the applicant's confinement, it shall enter an order within· 20 day's of the 

expiration of the time allowed for the state to reply,· designating the issues of 

fact to be resolved. 

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THREE 

Relator Tilley 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 date upon which findings were made, 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 required by statue, relator Tilley would 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 to provide a copy of the application 

in this cause number, a answer, or a certificate reciting the date upon which 

fact findings were made, or if any made and sent to the 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 Tilley documents were requested to 

be ~-r~cord~d and': be transmitted by the operation of law. McCREE, 824 sw~2d at 579. 

The applicant Tilley made request's in: Ex Parte STANLEY R. TILLEY cause number 

17450 to the Honorable judge Bascom w. Bentley III of the 2nd Judicial District 

Court of Cherokee County, Texas, and District Clerk Janet Gates of Cherokee 

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 of mandamus, 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 to be forwarded to the Court of Crimina.l Ap9eals. 

It is clear from the record before the court, relator has repeatedly put 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 the Texas Code of Criminal Prodedure. In contrast to relator's 

effort's, respondent has wholly failed to comply with the Texas Code of Criminal 

Procedure, art. _11.07 Sec.3(c) acting in bac'l faith has also failed to afford rel-

':-~ ..... 

ator the professi6nal and com~on courtesy of any written responses to his corresp 

ondence and requests. 

Article 11.07 Section 3(c) (d) clearly promulgated to ensure i:he writ be one 

of expedience, not to be placed on the back burner of the trial court docket indefinitely. 

PRAYER 

WHEREFORE, Premises considered, the relator Stanley R. 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 clerk of 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 in good 

faith, and has substantially prevailed. 

Relator Tilley, prays for and order directing 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 the Texas Code of Criminal Procedure. 

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., 

'·' 

INMATES DECLARATION 

RESPECTFULLY SUBMITTED 

jj:Ql629351 ';tv"l::NN£ UNIT 

810 FM 2821 

HUNTSVILLE, TEXAS. 

"/7349. 

I, Stanley Renard Tilley Sr., hereby swear under the penalty of perjury 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 of Cherokee County, Texas 75785., on th:i.s date by U.s. 

Mail •. 

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