Court of Civil Appeals of Texas, 2015

Sloan, Johnny Jr.

Sloan, Johnny Jr.
Court of Civil Appeals of Texas · Decided September 10, 2015

Sloan, Johnny Jr.

Opinion

61,@03@3 RECE|VED |N CGURT oF cR!.wNALAPPEALs SEP 10 2015 wRIT'No. 51,903-03 T0 T_HE coURT oF cRIMINAL APPEAB§@!A$QSY&,G!@TK AT AUSTIN, TEXAS JOHNNY SLOAN, JR. - Applicant Versus THE STATE OF TEXAS - Respondént. "'¢ "1_"¢ "¢ "¢ J¢ J.J¢ J.J. J¢J. ' ' ' ' ' ' ' ' ' ' ' ' ' ' J. ' ' ' ' J.J¢ J¢~'¢ J¢ J. J¢ "-"¢ r. l\ n n n 1~ n n n n ¢. 4\ n n n 4~, n n n ¢~. ¢\ n n n ¢~. n l\. n e~» n .\v ¢\ n n n n n APPLICANT'S OBJECTION TO THE TRIAL COURTS DENIAL OF FINDINGS OF.FACT,_CONCLUSION OF LAW AND ORDER RECOMMENDATIONS v¢¢_'_",¢¢n¢¢ln¢¢'¢'¢v¢l¢¢¢¢¢¢_'_`"__`y_`|, \l~..,.¢z r~¢~¢,¢..~¢u APPLICANT Johnny Sloan, Jr. TDCJ# 1004291 MCCONNWLL PRISON UNIT .3001 South Emily Drive Beeville, Texas 78102 [Cover Sheet] IN THE COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS WRIT NG. 51,903¥03 EX PARTE JOHNNY SLOAN, JR. ,IN THE COURT CF CRIMINAL APPEALS J.. J. J. `|¢ "¢ "¢ "¢ `|.. ¢,1~. 1». n l», r\ n l~.

CAUSE NO. WOO-1283-Q(A) IN.THE ZOATH JUDICIAL DISTRICT _ DAPLAS QOHNTY, TEXA§ APPLICANT'S'oBJEcTIONS'TO THE TRIAL coURTSS DENIAL OF FINDINGS OF FACT, coNcLUSIoNS oF LAw AND_ cRDER RECOMMENDATI@NS -

Comes now the Applicant, pro se, and respectfully objects to the Trial Court's Denial of Findings of Fact, Conclusions of Law and Order Recommendations. That was forwarded to this Honorable Court of Criminal Appeals on August 201 2015, without Findings of Fact and Conclusions of Law and Order Recommendations.

The Trial Court abdicated it's judiciary duties under Code of Criminal Procedure ll.O7, Sec. 3(d). In support, the Applicant would show the follow the following: l). On September 30, 2013, the trial court filed ORDER DESIGNATING ISSUES, stating: The Court having reviewed Applicant Johnny Sloan, Jr.'s Applicant for Writ of Habeas Corpus filed pursuant to\ Texas Code of Criminal Procedure article ll.O7/ finds that 'there are controverted, previously unresolved facts material to the legaity of Applicant's restraint that require resolution.." 2). The Court appointed Michael Mowla, attorney, address ;603 N. Cedar 'Ridge, Suite loo, Duncanville, Texas 75116, to resolve the' issues and prepare findings and conclusions of law for the rial Court. The issues may be resolved by affidavits, depositions, interrogatories, or by hearings, as deemed necessary by the person appointed herein.

Mr. Sloan (applicant) argues that the Issues in the instant Wr. 51,903-03; remands unresolved. Thereby, requiring this 'Honorable Court .of Criminal Appeals to REMAND back to the Trial Court with Specific Order's to resolve the unresolved issue's.

The Trial Court established a clear record that there are controverted, previously unresolved facts which are material to legality of Johnny Sloan, Jr.'s confinment, therefore, Mr Sloan is entitled to have these issues resolved. See ORDER DESIG- nating issu¢_e_.$‘_»,_,`_H Therefore, because the Trial Court's abdicated it's judiciary duties concerning Findings of Fact and Conclusions of Law`and Order Recommendations. n Applicant Johnny~ Sloan, Jr., request the opportunity to file APPLICANT'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, prior to a de novo, by this Court of Criminal Appeals.

SIGNED this Sth day of September, 2015.

Respectfully sub itted, Johnny S an,§jr. /Z/ TDCJ#lO 91~ML _2_ 3001 S. mily Dr. Beeville, Texas 78102

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