Stanley, Terry Andrew

PD-0708&0709&0710-15 JJSEpEIVED SN COURT OF CRIINAL APPEALS CAUSE NOS: F13-40506-N F13-40507-N SEP 16 2015 F13-40508-N FLED IN THE STATE OF TEXAS COURT OF CRIMINAL An in the JUDiciALbel Acosta, Cter V. DISTRICT COURT NO. 195th SEP lo'u.'.J STANLEY, TERRY ANDREW DALLAS COUNTY, TEXAS Abel Acosta, u^,

MOTION TO ORDER COURT RECORDS

PURSUANT TO THE FREEDOM OF INFORMATION ACT,5 U.S.C.&552 AND/OR THE PRIVACY ACT,5 U.S.C. AND 552a.

SEE ALSO: RULE 34(a) FED.R.CIV.P.; ART.39.14 AND ART.39.15(a)(c) TEX.CODE CRIM. PRO.

TO THE HONORABLE JUDGE OF SAID COURT;

COMES NOW STANLEY, TERRY ANDREW, Defendant PRO SE and files this MOTION TO ORDER THE CHIEF CLERK: ROBERTA WILLIAMS, to send all cop ies of the Defendants Court Records including any exhibits such as

photographs from his cellphone, discovery, and any other tangible things, Defendant moves this Honorable Court to hear this Motion. In support of same, Defendant would show the following: I

JURISDICTION

THIS HONORABLE COURT: The Judicial District Court No. 195th of Dallas County, Texas Presided by Honorable Judge Fred Tinsley has jurisdiction and the rules of this Honorable Court to ORDER the Chief Clerk Roberta Williams to send all the Defendant Court reco

rds to him.

II

RELEVANT PROCEDURAL HISTORY

On January 17,2014, Defendant, was convicted in the Judicial

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District Court No. 195th of Dallas County, Texas, and sentenced to 30 years in prison (T.D.C.J.-I.D.).

Ill

MOTION FOR CONVICTING RECORDS

On October 27,2014, Defendant filed Motion For Convicting Rec ords in this Honorable Court, but the Court has not responded.

IV

DESIGNATION OF RECORDS ON APPEAL

On December 30,2014, Defendant filed his Designation Of Record

On Appeal in this Honorable Court, but the Court has not yet resp onded.

V

THE SECOND DESIGNATION OF RECORD ON APPEAL

On January 14,2015, Defendant's Appellate Counsel Riann C. Moore prepared and filed the second Designation of Record On Appeal

(motion), but to no avail, no response from this Honorable Court. VI

LETTER TO APPELLATE COUNSEL

On January 29,2015, Defendant, posted a letter to his Appellate Attorney Riann C. Moore in which he requested his Attorney to fur nish him with all his Court records, but to no avail.

VII

LETTER TO COURT STAFF

On June 4,2015, Defendant, posted his letter of request of his Court Records addressed to the Court Staff; COURT COORDINATOR CLAIR FOSTER, COURT REPORTER:SANDRA HUGHES, CHIEF CLERK ROBERTA WILLIAMS

(2) and the DISTRICT CLERK:GARY FITZSIMMONS.

VIII

MOTION FOR EXTENTION OF TIME RULE 68.2(c) TEX.R.APP.P. ( To File PDR) On June 4,2015, Defendant filed his Motion Of Extention Of Time

To File PDR, because the Defendant has had no Court records and ex hibits which he needs in order to prepare his MOTION FOR REHEARING,

DESCRETIONARY REVIEW and the STATE HABEAS CORPUS ART.11.07. This

Motion For Extention of Time to File PDR was GRANTED (60 days), with effect from 6/10/2015 to 8/21/2015, unfortunately this Honor

able Court has not yet sent the Defendant's much needed Court rec ords to him, Hence the Defendant is still inadequately equipped to file his Motion For Rehearing,PDR Descretionary Review and the ST

ATE HABEAS CORPUS ART.11.07.

IX

SECOND MOTION FOR EXTENTION OF TIME IN WHICH TO FILE DESCRETIONARY REVIEW (PDR)

The Defendant has not yet recieved his Court records shown on the Designation of Records, Therefore the Defendant is at a disad vantage to prepare a reasonable MOTION FOR TRIAL, PDR and ART.11.07 STATE HABEAS CORPUS because he is not a lawyer who has readily ac cess to legal tools and resources. Hence, the Defendant contends that his cause will be undully prejudiced without the GRANT of his Court records as shown on the DESIGNATION OF RECORDS ON APPEAL. See, the enclosed copies of Def

endant's requests for Court records.

See also:

Documents in the possession of a party's attorney may be required

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to be produced: Schultz v. Butcher 24 F.3d 626,630 (4th cir.1994); In re Ruppert, 309 F.2d 97,98 (6th cir.1962). Rule 45 FED.R.CIV.P.

28 U.S.C. Section 1915 (d) (" The officer's of the court shall issue and serve all process and perform all duties in such cases") See U.S. v. Means, 741 F.2d 1053,1055 (8th cir.l984)(en banc)(point conceded by government): Jackson v. Brinker, 147 F.R.D. 189,193 and n.l (S.D.IND.1993) ("The Marshals service was directed to serve the plaintiff's sub poena pursuant to it's duties under 28 U.S.C. Section 1915(c)"). X

CONCLUSION

The Defendant contends that the above mentioned facts, arguments

enclosed copies, and authorities clearly indicate £hatLthe Defendant hashearnestly shown good cause to be GRANTED the request of court records in accordence with the DESIGNATION OF RECORD ON APPEAL.

XI

REQUEST FOR ORDER

After concideration of all the facts, arguments, authorities,

and the Defendant's enclosed copies of the same subject, Defendant hereby requests the Honorable Judge Fred Tinsley to ORDER the Co urt Staff including the Court Chief Clerk Roberta Williams to ob tain the Defendant's Court records, appellate brief, State's brief and the records listed on the DESIGNATION OF RECORD ON APPEAL and send all the records to the Defendant so that he will be able to

prepare a reasonable MOTION FOR REHEARING,PDR, and STATE HABEAS CORPUS ART.11.07.

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XII

SUPPORTING DOCUMENTS

Defendant's copies of Supporting Documents (exhibits) for his MOTION TO ORDER COURT RECORDS are enclosed. They are as follows:

1. Motion For Convicting Records 2. Designation of Record On Appeal

3. 2nd Designation of Record On Appeal (prepared and filed by Appellate Attorney Riann C. Moore) 4. Letter To Appellate Counsel

5. Letter To Court Staff 6. Motion For Extention Of Time 7. 2nd Motion For Extention Of Time in Which To File Discretionary Review (PDR)

XIII

The Defendant prays that this Honorable Court will GRANT this MOTION TO ORDER COURT RECORDS. The Defendant also further requests

this Honorable Court to GRANT him any other relief he may be entitled. Respectfully Submitted, Signed on this g?Q **~ Day of4^ U°f ^ 2015 A.D.

Stanley, Terry Andrew #1908398 Wynne Unit 810 FM 2821 Huntsville,Tx.77349-0001

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CAUSE NOS. F13-40506-N F13-40507-N F13-40508-N

EX PARTE IN THE JUDICIAL DISTRICT

COURT NO. 195th of

STANLEY, TERRY ANDREW DALLAS COUNTY, TEXAS

CERTIFICATE OF SERVICE

I, Stanley, Terry Andrew, Defendant certify that I've served my MOTION TO ORDER COURT RECORDS and copies of seven supporting documents to the Honorable Judge Fred Tinsley and District Attor

ney Mr. Craig Watkins, by U.S. Postal Service on fjLc?~*^ AUG. 2015 A.D.

ADDRESSED TO:

1. Mr. Gary Fitzsimmons, District Clerk Frank Crowley Courts Bldg. 133 N. Riverfront Blvd., LB12 Dallas,Tx. 75207-4313

2. Mr. Craig Watkins, District Attorney Frank Crowley Courts Bldg. 133 N. riverfront Blvd., LB19

Respectfully Submitted,

Signed on this %o ^ Day of \« °^ v)T~ 2015 A.D. Stanley, Terry Andrew # 1908398 Wynne Unit 810 FM 2821 Huntsville,Tx.77349-0001