                         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.
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  .....

           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
          600 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
