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Smith, Marvin AKA Marvin James Smith
Citation: Not availableDocket: WR-67,338-03
Court: Court of Appeals of Texas; September 18, 2015; Texas; State Appellate Court
Original Court Document: View Document
Marvin Smith, acting pro se, filed a Writ of Mandamus against the 204th District Court of Dallas County, objecting to the court's failure to rule on his motion for an extension of time regarding his application for a writ of habeas corpus under Article 11.07. Smith submitted his application on July 22, 2015, and the state responded on August 13, 2015, recommending dismissal under Article 11.07 4(a). The trial court dismissed Smith's application on August 8, 2015, without considering his motion for an extension of time. Smith argues that as a pro se defendant, he should not be held to the same standards as a licensed attorney, especially given his limited access to legal resources while incarcerated. He contends that had the court granted his requested 35-day extension, he could have demonstrated that the factual or legal basis for his claims was not available when he filed his initial application. Smith asserts that he had previously requested necessary documents from the court, which he believes would substantiate claims regarding his counsel's failure to investigate, conflicting statements from the complainant, statements from another suspect, and the failure to call witnesses that could support his innocence. Smith requests that the court withdraw its dismissal of his application and grant his motion for an extension of time to allow him the opportunity to adequately present his case. He certifies that the information provided is accurate and has sent a copy of the Writ of Mandamus to the 204th District Court through the appropriate mailing system.