Cause Number: W94-40593-Q(B) LQ_l, 03 ?5-03 MARVIN SMITH § § vs § § THE STATE OF TEXAS §

WRIT OF MANDAMUS OBJECTING 10 TilE 204TH DISTRICT COURT'S FAILURE 1D RULE ON PRO SE DEFENDANT'S MOTION FOR AN EXTENSION OF TIME 10 SHOW .CAUSE WHY DEFENDANT'S APPLICATION SHOULD NOT BE DISMISSED UNDER ARTICLE 11.07 4(a) TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Marvin Smith, in the above cause Pro se, herein after referred to as Defendant, and would show the Court the following: 1.

On the 22nd, July 2015, defendant filed his writ of habeas corpus Art: 11.07 in the 204TH District Court of Dallas County.

2.

On the 13th, August 2015, the state filed its response that·defendant's Application be dismissed under Article 11.07 4(a) of the Ccide of Criminal Procedures.

3.

On the 8th, August 2015, the trial court filed its order Finding No Controverted Previously Unresolved Factual Issues Requiring a hearing: That defendant's Application be dismissed under Article 11.07 4(a) .without considering the defendant's Motion For Extension Of Time to.show cause why his Application should not be dismissed under Article 11.07 4(a).

4.

Anytime a Prose layman of the law timely files his MotionFor Extension of Time the trial court shall not Blind-Side him. But take into account that the Pro se defendant is unskilled in the law. That.he is incarcerated with limited Access to the Unit Law Library of (2) two hours a day. Therefore, the trial court has abused its discretion by Blind-Siding the defendant by not considering his Motion For Extensiqn Of Time, to give defendant time to show cause why his Application should not be dismiss under Article 11.07 4(a). But has held Pro se defendant to

1. the same standards as a skilled Attorney in the law. Defendant timely requested the necessary documents from the 204th district court of D~llas County before filing his first 11.07 Application on November 28, 2006.

Therefore, defendant urges that had the trial court granted defendant's Motion For Extension Of Time of 35 days he would have. been able to show cause that the factual or legal basis for the claim was unabailable when defendant filed his first Application where he timely requested the necessary documents on January 22, 1997 and again on April 7, 2003, before filing his first application, but the 204tb District Court never responded to his requests. Please see attached Exhibits I .

1 & 2 which are incorporated herein for all purposes.

With these requested documents, defendant would have been able to accurately show that: 1. Counsel failed to investigate; 2. There was Conflicting Statements by the Complainant; 3. There was Statement of Another Possible Suspect; 4. Counsel failed to Call witnesses That Could Have Testified To Defendant's Innocence.

PRAYER WHEREFORE, PREMISSES, CONSIDERED, Defendant prays this Court Order the 204th district court of Dallas County to Withdraw its dismissal of defendant's Application under Article 11.07 4(a) and Order the trial court to grant defendant's motion for extension of time of 35 days . from the date of this Court's Order \ to give the defendant an opportunity to show cause why his Application should not be dismiss under Article 11.07 4(a).

Respectfully submitted, .~~v~~ . Marvi11'Sffii th ·Defendant Pro se TDCJ-ID#1482239 William G. McConnell Unit 3001 South Emily Drive Beeville, Texas 78102

2.

CERTIFICATE OF SERVICE' I, Marvin Smith, hereby (certify, declare) under penalty of perjury, pursuant to 28 USC §1746 that the forementioned is true and correct to the best of my knowledge, and a copy of this Writ of Mandamus has been forwarded to the 204th District Court of Dallas County through TDCJ mailing system for offenders on this the Ii , day of September, 2015.

'-vt1 CM__.v~~ Marvirl\§mi th Defendant Pro se TDCJ-10#1482239 William G. McConnell Unit 3001 South Emily Drive Beeville, Texas 78102

3. .............- ............C--·--·-········•·-···-•·-·····•·•··· ....... ··········•• ·-·-···•····•"·•·······•- .............- ..............,_;----·····•-----···. -··--·••··-· ...........- ...........................................,......... j-;LJ--97 ------ -----······----------·······---···-----------·--····

----------···-----~-----·-------...;---------~------------····-·····--------- ·---~----·------------; .. _____ _____ ,_ ~·"·--·--·-·-··-·····---------------------------------··------.-----···----------

r ----------------------------~--4--·-----------------. ----·-----------------..·--..--~- ~===--==~--~F~~i~-=:;,~==~- • --.- - :,---...--- ....................________ .....................- ........... ·------~...............................--·- ...... _____.. ____________~----------- ................................................................ ·~ ______....................- ...:... __ _ --······---------·-··----·...,..,--·-···--····----····--.. -·-·-----------..------r------------------------------..·-----··------·------------·--------'---'- - ;

----------------rl....-----------------····--·······--------------------------------}------------------~-------------~----------------------------------------·····-·------~------ -----------------·c,..:-·' ---·--·-----------...................... ___,________________..~____ .............................--.----------·--·----·---..------------ . .__ . i . .. :i ............ - ............. ~-------·----·----·-------------------·------·------------------~---···-- ............................------·---·-----------·---------··-- .... i

.. ·." .. ~

_.,,.,..:;,,,,,-·-··-••••·•-•••-"''-•'-·-----~~·----·-•.__._, __,__ ,_;__ ,, __ ,,, _ _ _ ,~M·-·--·~·•••·~~-----·-~--;.......,,----._ _ _.:..__________.. ________·,.-·----~--------~-----·--··-:__,_. .....

Marvin Smith Reg. No. N-84417 Menard Correctional Center P.O. Box 711 .Menard, IL 62259-0711 ~pr!±l1. 7, 2oo3 Dallas County Court Clerk.

Dallas County Courthouse Commerce St. Dallas, TX 75202 RE: Detainer warrant # 0S F9440593 Dear Clerk: I am writing to obtain information concerning my criminal case in Texas. The above detainer warrant number is all that I have been able to obtain ~oncerning this case. !

I want to (lppeal this cdmviction and pursue any and all post trial remedies availab~e to me at this time. However, I am unable to do so without further ; information.

I respectfully Request that you send me any and all infor- mation pertaining to me casb, so that I will be able to reveiw '-"'·'"~.-----~·'·""Jt£SLJ?-~£~E.~ .. do~uinents to th~ court so I may appeal my _case.

I want to Thank You in advance for any and all assistance you can provide to me. very R~spectfu~lX/ ~.~~ Marvin Smith