TEXAS COURT OF CRIMINAL APPEALS
CAUSE NO. 241-1308-07 D RECEIVED IN CAUSE NO. 241-2005-07 COURT OF CRIMINAL APPEALS
GEC 23 2015 EDWARD ·ruCKER, Relator,
v. THE DIS~RICT CLERK, SMITH COUNTY, Respondent,
LEAVE FOR APPLICATION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, EDWARD TUCKER, RELATOR IN THE ABOVE STYLE NUMBER CAUSE
AND ~l':WE THE ::OURT OF CRIMINAL APPEALS FOR WRIT OF MANDAMUS,
PURSUANr TO ~EXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07,
3(b), [WEST 2015] AND WOULD SHOW THE COURT THE FOLLOWING:
JURISDICTION:
THIS C00RT qAS SUBJECT MATTER, JURISDICTION PURSUANT TO ARTICLE
1, SECTION 10, ARTICLE 1, SECTION 12, ARTICLE 9, SECTION 19,
BILL 01:" ~U·~;H·rs IN TEXAS CONSTITUTION AND THE FIFTH AMEND~ENT,
THE NINTH AMENDMENT, AND FOURTEENTH AMENDMENT TO THE UNITED
STAfES CONSTITUTION OF AMERICA.
RELIEF SOUGHT:
THE COURT 0F CRIMINAL APPEALS IS UNDER A MINISTERIAL DUTY TO ' ORDE~ THE DISTRICT CLER~. OF SMITH COUNTY, TEXAS TO IMMEDIATELY
FORWARD ~:-IJ~ .s·r.4.1'E .1\PPLICATION FOR WRIT, HABEAS CORPUS TO THE
COURT 01:" C~IMINAL APPEALS, PURSUANT TO TEXAS CODE OF CRIMINAL PROCEDURE, ~RTICLE 11.07, SECTION 3(b) (WEST 2015].
PROCEDURE HISTORY:
RELATOR NAS CONVICTED IN THE 241 ST. DISTRICT COURT IN SMITH
COUNTY, T8XAS: IN CAUSE NUMBER. 241-1308-07 D, OF INJURY ~0 A
CHILD A.'W Cl\.iJSE NUMBER 241-2005-07, OF BURGLARY OF HABITATION,
THE COU~T ~3SESSED PUNISHMENT AT LIFE IN THE FIRST CONVICTION
AND SIX~Y YEARS IN THE SECOND CONVICTION.
STATEMENT OF THE CASE:
IN AUGUST 2015, RELATOR FILED A STATE APPLICATION FOR WRIT OF
HABEAS CORPUS IN THE DISTRICT COURT ON SEPTEMBER 30, 2015, THE
STATE (SSUE ~N ANSWER THAT THERE ARE NO CONTROVERTED PREVIOUSLY
UNRESOLV~;) FACTS TO THE LEGALITY OF THE RELATOR'S CONFINEMENT,
WHICH RSQUIRS AN EVIDENTIARY HEARING AND RECOMMENDS THAT THE
RELI~? REQD:~.s·rED 3E DENIED.
SHOWING OF CAUSE:
RELATOR CON~8NDS THAT THE DISTRICT CLERK HAS NO AUTHORITY TO
CONTINUE TO HOLD RELATOR'S APPLICATION FOR WRIT HABEAS CORPUS
RELIEP ANU IS UNDER A MINISTERIAL DUTY TO IMMEDIATELY FORWARD
THE APPL[CATION AND RELATED RECORDS TO THIS COURT OF CRIMINAL
APPEALS, PURSUANT TO TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE
11.07, SEC~ION 3(d). SEE: McCEE V. HAMPTON, 824 S.W. 2d 578, 579
[ TEX. CR. APP. 1992 ] ; MARTIN V. HAMLIN, 25 S.W. 3d 718, 719 [ TEX.
CR. APP. 2000 ].
RELATOR H.\S NO OTHER ADEQUATE REMEDY AT LAW TO PURSUE THE RE-
QUESTED RELIEF THAN THIS APPLICATION OF WRIT OF MANDAMUS.
( 2) WHEREFORE, RELATOR PRAYS THAT THE COURT .ISSUE A WRIT OF MAN~
DAMUS, DI~ECTING THE DISTRICT CLERK OF SMITH COUNTY, TEXAS,
TO IMMEDIATELY FORWARD THE HABEAS APPLICATION TO SAID COURT
OF CRIMLNAL ~PPEALS.
RESPECTFULLY,
EDWARD TUCKER
CERTIFICATE OF SERVICES
THE RELATOR, HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF
THE FOREGOING APPLICATION OF WRIT OF MANDAMUS HAS BEEN SERVE
UPON THE TEXAS COURT OF CRIMINAL APPEALS CLERK'S OFFICE, AT
P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711.
EXECUTED ON DECEMBER 15, 2015.
. EDWARD TUCKER TDCJ HODGE UNIT 379 FM 2972 W. RUSK, TEXAS 75785
( 3) TEXAS COURT OF CRIMINAL APPEALS
CAUSE