Ramos, Ramon ( 2015 )


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  •                           PD-1268-13
    RAMON RAMOS                              §          COURT OF CRIMINAL APPEALS
    Appellant                        §          QF TEXAS                  FILED IN
    §          p,o. box ,12308, ?a°pUitJl0FCRIM|NAL APPEALS
    THE STATE OF TEXAS                       §
    §          STATION
    STATION               FEB 27 ?~5
    Appellee                         s                            • • i-ll>  Clerk
    "MOTION TO SHOW CAUSE"
    On or about the 20th of August of 2013, Appellant filed a Motion for Leave to
    File a Petition for Writ of Mandamus, pursuant to Alvarez v. Eighth Court of
    Appeals of Texas (Cr App. 1998) 
    977 S.W.2d 590
    ; Haines v. Kerner [
    92 S. Ct. 594
    ,
    595; In Re: Me Tee 
    213 S.W.3d 405
    Tex.App.-Houston (1st Dist.) 2006, requesting
    review on denial to Statement of Facts not completed regarding to notice of
    appeal by certain court officials; Trial Court Reporter, Clerk of Court, and
    Mr. Austin R. Jackson Court Appointed Attorney defense Attorney for Appellant
    all for the 114th District Court of Smith County, Texas. Furthermore, whether
    the 12th Court of Appeals, refused}and whyCto handdown a "written opinion" to
    which is mandatory in addressing every issue being raised necessary for final
    disposition to appeal, according to T.R.A.P. Rule 47.1 Light v. State (Cr. App
    2000) 
    15 S.W.3d 104
    on remand and is mandatory.
    In Appellants Writ of Mandamus he quotes from his attorneys written correspon-
    dense saying "included in the letter he enclosed a copy of the notice of appeal
    he filed" and "I am very interested in hearing your side of the case and your
    version of what happened at trial", and "I want to explain I will do every
    thing possible to help overturn your conviction." Upon correspondence from
    the 12th court of appeals revolving a docket statement to be filed, appellant
    notified his attorney of the requirement, and motions appellant had already
    filed with the district court prior to his attorneys appointing and reason
    for raising his notice of appeal. Appellant complied with the court of appeals
    in regards to designating the Clerks and Reporters records, with motion to
    bench warrant and all motions filed for the record. Upon appellants request
    for attorney to supply copies of all records in his company,attorney refuses
    request and later sides with the 12th court of appeals to dismiss appellants
    appeal for no jurisdiction. August 5th of 2013 appellant receives letter from
    attorney, a copy of "opinion" and informs appellant he^cjanp^yL^ #»mP8?|t if
    he wishes to pursue his appeal pro-se.
    m as m
    As stated above this Motion for Leave to File a Petition for Writ of Mandamus
    was filed on the 20th of August of 2013 by the appellant to the 12th Court of
    Appeals, and finally filed with the Texas Court of Criminal Appeals of Texas,
    on January 05th of 2015, according to notice by card received by Ramon Ramos,
    Tr. Ct. No. 114-1467-06(-A), WR-70,723-15 on the card stating received and
    presented to the COurt, by Abel Acosta, Clerk. TWs O U)r^ ^ \Mw.O ^
    Appellant followed instruction given by the Rep. Attorney, but first filed a
    Writ of Mandamus, requesting the higher Court order trial Court to have a
    final disposition on all Post-Conviction Motions submitted to their Court, and
    any available discbsure of discovery required under Brady law, to be given to
    Applicant to be used in the P.D.R. as a Supplemental Record, to his original
    Record in which his current claim, is Actual innocence under Newly Discovered
    Available Information. This Mandamus went unresponsed to by the 12th Court of
    Appeals for some 17 months, and just recently has been submitted to the Court
    of Criminal Appeals by the Court of Appeals, whom fully was aware of Applicants
    request for disclosure, what it was needed for, and what stage Applicant was
    in with this Appeal process to the above number. They (Trial Court) Appointed
    Counsel, was aware .of his advising Applicant to resume P.D.R., and was aware
    of Applicants AEDPA statue of limitation concerning his habeas application and
    they intentionally held the Mandamus for a significant amount of time, and
    disregarded information needed to do the P.D.R. affective, as well as, his
    Pending 11.07 Application sitting in the Court of Criminal Appeals JBESnTZZl
    -15. "f" MuiW&o^uvvCi Wk &> \Vi&\ "\\cU.v\i'ov-)
    RELIEF
    Applicant Ramon Ramos, request this Court to re-evaluate his P.D.R. decision,
    filed to the Court of Criminal Appeals, and order Court of Appeals to Show
    Cause why the delay for the submitting of the Writ of Mandamus lapsed an ex
    tensive amount of time, well after the P.D.R. was filed, and 11.07. Knowing
    the disclosure request by Applicant from the trial Court was needed. Applicant
    is requesting from this Court to order a re-drawing of a P.D.R., and, a hearing
    be done as to these matters, and appoint counsel to Applicant to assist him.
    Respectfully Submitted,
    Ramon Ramos #1384334
    Beto'Unit / 1391 FM 3328
    Tennessee Colony, TX 75880
    CERTIFICATE OF SERVICE
    This is a true and correct copy from Member of "Texas Courts/Conspiracy Against
    The People" RAMON RAMOS, as to this Document being mailed to the COURT OF CRIMI
    NAL APPEALS OF TEXAS, P.O. BOX 12308/ CAPITOL STATION - AUSTIN, TEXAS 78711,
    Abel Acosta, Clerk,"-and is to be shared a copy with all Parties of involvement
    to this Civil Rights.Violation, dated February £% , 2015.
    District Attorney office                 Civil Rights Department of Investgation
    Smith County:                            U.S. Dept. of Justice
    900 Pennsylvania Ave.
    Matt Bingham
    Washington, DC 20530-0001
    April Sikes
    4th Fl. Courthouse                       Received Certified Complaint
    100 North Broadway                       March 21, 2013
    Tyler, Texas 75702                       Tracking Number:
    70123460000211903889
    Kenneth McGidson & Ruben Perez
    U.S. Department of Justice               Edward R. Quinta
    United States Attorney's Office          Michael McCrum
    Southern District of Texas               United States Attorney
    1000 Louisiana, Ste. 2300                Western District of Texas
    Houston, Texas 77002                     United States Courthouse
    501 W. 5th St. Ste. 1100
    Austin, Texas 78711
    Thomas W. Bailey, Unit Chief
    Federal Bureau Investigation             Certified Documents
    Investigative Services Section           Tracking Number:
    1000. Custer Hollow Rd.                  70100290000092096933
    Clarksburg, WV 26306
    Received Certified Complaint
    March 17,   2014
    Respectfully Submitted,
    Melissa Mattingly
    U.S. Court of Appeals                     'Clrtjyioi/i ff cisMjq^
    5TH Circuit Clerk                        Ramon Ramos #1384334
    600 S. Maestri Place                     Beto Unit / 1391 FM 3328
    New Orleans, LA 70130                    Tennessee Colony, TX 75880
    Shawn L. Dunn #1686724
    Class Rep.
    Case No. 14-50387
    Please I•could use your help on this it's important.
    SUBJECT; State briefly the problem on which you desire assistance.
    Shawn Dunn
    Ma'am I was referred to you by my Class Rep. of a Civil Rights Violation Case (Shawn Dunn)
    whom said you've been very helpful in the past. Mrs. Powell I just received a letter from
    my trial Court claiming they didn't receive my most recent 11.07, Application I mailed out
    Sept. 8, 2014. I know I put it in the mail box. I'm hoping you can give me a update of all
    legal letters to the 114th Judicial District Clerk Lois Rogers, 100 Broadway-Tyler, Texas
    in the month of September & October to confirm your office followed Policy. I know some-
    times things take time to confirm, but your time is greatly appreciated.
    Ramon Ramos                                            1384334                       Beto
    Name:                                                                   No:                       Unit:
    Living Quarters:                N-118                                   Work Assignment: °/s Med s3 06:06:00 - 14:00 hrs
    DISPOSITION: (Inmate will not write in this space)
    Went Out: 9/8/14 - 114th                                          COPY OF 1-60 SENT TO MAILROOM
    10/14/14 - Lois Rogers
    REPLY FROM MRS. POWELL FROM
    10/2j(rp.4 - Dist. Clerk Smith Co.
    THE GEORGE BETO MAILROOM ON
    10/29/14 - L. Rogers
    OR ABOUT THE 10/28/14.
    ->Irl-60 (Rev. 11-90)
    

Document Info

Docket Number: PD-1268-13

Filed Date: 2/27/2015

Precedential Status: Precedential

Modified Date: 9/29/2016