JOHNSON, DIETRICK LEWIS Sr.
JOHNSON, DIETRICK LEWIS Sr.
Opinion
WARRANT NUMBER'S F123340W and Fl270672W
§ THE STATE OF TEXAS § IN THE JUDICIAL Plaintiff, § § DISTRICT COURT OF § v. § DALLAS COUNTY, TEXAS.
§ § DIETRICK LEWIS JOHNSON, SR. § Defendant. § RECEIVED IN § COURT OF CRIMINAL APPEALS
MOTION FOR WRIT OF MANDAMUS TO: THE HONORABLE JUDGES OF SAID COURT: NOW COf>1ES; "Dietrick Lewis Johnson, Sr.," ("DeAe~PA66stQ., C~SW~ Applicant in the above captioned warrant number 1 s ,and. files this, his pro se Writ ·of Mandamu·s .. Applican~ :·w~ll show this Honorable Court the following: I.
Juri·sdic-tion This Honora-ble Court has subject matter jurisdiction over the parties herein, of Stalking and Retaliation TI.
ARGUMENT Applicant filed a Speedy Trial Motion and Writ of Habeas Corpus well ov~r 180 days, to be brought before a jury trial on said warrant's. Applicant have ye·t to hear anything regarding the Motion's fhat we~e filed with said Court. Beaumont Federal Correctional Facjlity also s~~t notificatioti to said Court over . '
180 days ago, pbrsuant to the Interstate Agreement on Detainers Act, and the Cdurt also failed to respond. Ayplicant also sent another Motion to Dismiss, and/or Request for a Fast and Speedy
(1) . :·
Trial form to the District Attorney; "Susan Hawk,"- and she also failed to r~apond.
The State of Texas wa·s fully awar.e that Mr. Johnson was in State and Federal custody ain~~ March 26, 2012, and have failed to bring Applicant to trial ~n the timely manrter j~quired by the State and the Sixth Amendment to the United States Consti'- tution, within 180 days after being repeatedly notl:fied.
Additionally, the Federal Bureati of Prisbrts (BOP) seht ~ detainer action letter to the State, D~llas Cbunty, Texas th~t Applicant 1S in custody and seeking dispo~ition of the case's, .and the State/County ·has failed to prosecute Applicant. Therefore, the Court Shotild Dismiss the caae with prejtid1ce,-for warit of prosecution.
(2) PRAYER
Ap~licant respectfully request that this ~~id Cou~t grant his motion for Mandamus, and/ or dism-iss case's for want of p~osecution.
Re~pectftrlly sub~itt~d,
(~~tk~'fs~oh /fl9831-078 \ '
(3) ( ·' .
CERTIFICATE OF SERVICE
Applicant hereby certify that a t~u~ and co~~~ct copy of the foregoing 'is being sent to Abel Acosta, Cler·k of said Court, at Court of Criminal Appeals of Texas, P.O. Box 12308, Capitol Station, Austin, Texas 78711, from Beaumont FCI Comp~~x (N~d), P.O. Box 26040, Beaumont, Texas 77720, on November 19, 2015.
Respectf~l1y submitted,
(S~~~~~~~~~~~~~~ ietrick Lewis #19831~078 Beaumont FCI Comple~ (Med) P.O. Box 26040 Beaumont, Texas 77720
(4) BP-S235. 051, IAD - NOTICE OF UNTRIED INDICTMENT CDFRM FEB 94 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS C:: Eb\ft@, £?5 £\.46UL Ci' ~ $ ·· t'ii u!D> i - e_At)fi _ IN ·- QJ-f.S::.E.F Inmate: Reg1.ster No. : Inst1.tut1.on: Johnson,Dietrick Lewis 19831-078 FCC BEAUMONT - Medium SECURITY
Pursuant to the Interstate Agreement 'on Detainers Act, you are hereby informed that the following are the untried indictments, information, or complaints against you concerning which the undersigned has knowledge, and the source and contents of each.
wiRRANT# ;~:12334ow~''Fi2.7o·672w/ r~-~U:d:iciei:it Bbrid~sE?i:(kin~/in, ·tj~l~~ :t~~!ir~~~k!I!tt~t~~~:f\~4~ "'~1\' .Capias Retaliation ball~~, TX 75207~43l3 :-
You are hereby further advised that by the provisions of said Agreement you have the right to request the appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial within 180 days, unless extended ·pursuant to provisions of the Agreement. After you have caused to be delivered to said prosecut-ing officer and said court written notice of the place of your imprisonment and your said request, together with a certificate of the custodial authority as more fully set forth in said Agreement. However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Your request for final disposition will operate as a request for final disposition of all untried indictment.s, informati~n or c:omplai!"'.ts on the basis of ~.-1hich det.air..ers have bee!! lodged against you from the state to whose prosecuting official your request for final disposition is specifically directed. Your request will also be deemed to be a waiver of extradition to the state of trial to serve any sentence there imposed upon you·, after completion of your term of imprisonment in this state. Your request will also constitute a consent by you to the production of your body in any court where your presence may be required in order to effectuate the purposes of Agreement on Detainer and a further consent voluntarily to be returned to the institution in which you are now confined.
Should you desire such a request for final disposition of any untried indictment, information or complaint, you are to notify the Inmate Systems Manager of the institution in which you are confined.
You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which any such indictment, information or complaint is pending may institute proceedings to obtain a final disposition thereof; In such event, you may oppose the reqliest that . you be deliv:ered.to such-prosecuting-officer or .. court. You.may request--the .Warden to disapprove any such request for your temporary custody but you cannot oppose delivery-on the grounds that the Warden has not affirmatively consented to or ordered such delivery.
r:iated Name and Title of Custodial Authority By: (Chief Executive Officer) CHARLES E. SAMUELS, DIRECTOR FEDERAL BUREAU OF PRISONS DALLAS B. JONES, WARDEN
,:·. \'.
Dated 3' - - ·-orfgi'nal---Inmate, Copy- J&.C, Copy- CentralF:lle(Section lt")- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This form may be replicated via viP) Replaces BP-235(58) of OCT 88
Case-law data current through December 31, 2025. Source: CourtListener bulk data.