APPLICATION FOR
WRIT OF HABEAS CORPUS
Written by
Lakeith Sharif
Signed April 14, 2005
CAUSE NO. F0273127-s
IN THE 282nd JUDICIAL DISTRICT COURT
DALLAS COUNTY TEXAS
The State of Texas
v
Lakeith Amir-Sharif
APPLICATION FOR WRIT OF HABEAS CORPUS
To The Honorable Judge of Said Court:
Comes Now, Lakeith Amir-Sharif, Defendant in the above entitled and numbered cause and moves this court to grant a Writ of Habeas Corpus, and in support thereof defendant would show:
(1) Defendant is currently being unlawfully held in the Dallas County Texas Jila by the Sheriff of Dallas County Texas, Ms. Lupe Valdes.
(2) Defendant was arrested on February 10th, 2005, for an act(s) alleged to be a violation of the terms and conditions of his probation (Conditions A & C) and has been continually in custody since that date.
(3) Defendant initially asserted his right to a speedy/prompt probation revocation hearing on February 15, 2005, when he told public defender Thomas Grett to take him before the court after defendant was served a copy of the state's motion to revoke.
(4) As a result of defense counsel's ineffective and slipshod assistance of counsel, no motion was filed by Thomas Grett on behalf of this defendant.
(5) On March 27, 2005, defendant filed a pro.se motion with the court (282nd) seeking and requesting a prompt hearing within 20 days of the filing, and if the hearing was not held within that time, that defendant be released as required by law. (See: Code of Criminal Procedure Article 42.12 § 21(b) and the 6th & 14th Amendment to the U.S. Constitution and Article 1, Section 10 of the Texas Constitution; Aguilar v. State, 621 S.W. 2d 781.785.)
(6) At the present time no revocation hearing has been scheduled in the court prior to the required deadline of 20 days.
(7) Defendant's right to a speedy/prompt revocation hearing as guaranteed by the United States and Texas Constitution and C.C.P. Art. 42.12 § 21(b) has/is being denied.
WHEREFORE, PREMISES CONSIDERED, Lakeith Amir-Sharif, requests that the court conduct a hearing on this application for Writ of Habeas Corpus and upon conclusion, grant defendant/applicant release from custody of Dallas County Texas Jail and Sheriff's office.
Respectfully
Lakeith Amir-SharifCertificate of Service
I hereby certify that on April 14, 2005, a true and correct copy of the above and foregoing Habeas Corpus was served by regular U.S. Mail on the District Attorney's Office, Dallas Texas, and the Clerk of Court and Public Defender's Office.
Lakeith Amir-Sharif
Dallas County Texas JailORDER
One _______________, came on to be considered Lakeith Amir-Sharif's Application for Writ of Habeas Corpus and said application is hereby (Granted) (Denied)
Judge Presiding
