Opinion

Lasker, Dominique Dontae

Court: Court of Appeals of Texas
Filed: May 1, 2015
Status: Published
Cited by: 0 cases
Authority: More cited than 3.1%

The opinion

WR-83,219-01

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/29/2015 11:24:25 AM

Accepted 5/1/2015 8:22:18 AM

NO. _____________ ABEL ACOSTA

CLERK

IN RE § IN THE

RECEIVED

§ COURT OF CRIMINAL APPEALS

DOMINIQUE DONTAE LASKER, § COURT OF CRIMINAL5/1/2015

APPEALS

ABEL ACOSTA, CLERK

RELATOR § FOR THE STATE OF TEXAS

APPLICATION FOR LEAVE TO FILE

PETITION FOR WRIT OF MANDAMUS

TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES DOMINIQUE DONTAE LASKER, Petitioner, by and through his

court-appointed counsel, and asks the Court to file the attached Petition for Writ of Mandamus

and would show the Court the following:

This is an extraordinary case that requires the Court of Criminal Appeals to exercise

original jurisdiction because Petitioner has no adequate remedy at law. It involves ministerial

acts only, and the Petitioner has been unsuccessful in obtaining relief from the trial judge and

the First Court of Appeals.

Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C.

1414 11th Street

Huntsville, Texas 77340

(936) 295-2624

(936) 294-9784 [Telecopier]

By /s/Frank Blazek

Frank Blazek

State Bar No. 02475500

APPLICATION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS PAGE 1

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Application for Leave to File Petition for Writ of Mandamus.wpd

William F. Carter

State Bar No. 03932800

108 E. William J. Bryan Parkway

Bryan, Texas 77803-5334

(979) 779-0712

(979) 779-9243 [Telecopier]

wfcarter73@yahoo.com

Certificate of Service

I do hereby certify that a true and correct copy of the above and foregoing Application

for Leave to File Petition for Writ of Mandamus has been forwarded to opposing counsel on this

the 29th day of April, 2014, by U.S. Mail, postage prepaid, addressed as follows:

Elton Mathis

Criminal District Attorney

642 12th Street

Hempstead, Texas 77445

/s/Frank Blazek

Frank Blazek

APPLICATION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS PAGE 2

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Application for Leave to File Petition for Writ of Mandamus.wpd

NO. _________

____________________

IN THE

COURT OF CRIMINAL APPEALS

FOR THE

STATE OF TEXAS

____________________

IN RE DOMINIQUE DONTAE LASKER, Relator

____________________

PETITION FOR WRIT OF MANDAMUS

Frank Blazek

State Bar No. 02475500

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C.

ORAL ARGUMENT REQUESTED 1414 11th Street

Huntsville, Texas 77340

(936) 295-2624

(936) 294-9784 [Telecopier]

frankblazek@smithermartin.com

William F. Carter

State Bar No. 03932800

108 E. William J. Bryan Parkway

Bryan, Texas 77803-5334

(979) 779-0712

(979) 779-9243 [Telecopier]

wfcarter73@yahoo.com

ATTORNEYS FOR RELATOR

Identity of Parties and Counsel

The following is a list of all parties and all counsel in this matter:

Relator in this matter is DOMINIQUE DONTAE LASKER, and is

Defendant in the underlying cases described below. The attorneys representing

Relator are:

Frank Blazek William F. Carter

SMITHER, MARTIN, 108 E. William J. Bryan Parkway

HENDERSON & BLAZEK, P.C. Bryan, Texas 77803-5334

1414 11th Street

Huntsville, Texas 77340

Respondent in this matter is the Honorable Albert M. McCaig, Jr., Judge of

the 506th Judicial District Court of Waller County, Texas.

The real party in interest in this case is THE STATE OF TEXAS

represented by counsel as indicated:

Elton R. Mathis

Criminal District Attorney

Waller County

645 12th Street

Hempstead, Texas 77445

PETITION FOR WRIT OF MANDAMUS PAGE ii

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

Table of Contents

Identity of Parties and Counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

Index of Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv

Statement of the Case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Statement of Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Statement of Issue Presented. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Statement of Facts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Argument and Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Prayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Certificate of Service.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

PETITION FOR WRIT OF MANDAMUS PAGE iii

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

Index of Authorities

Alabama v. Bozeman, 533 U.S. 146, 121 S.Ct. 2079 (2001). . . . . . . . . . . . . . 10

Bryant v. State, 819 S.W.2d 927 (Tex. App.–Houston [14th Dist.] 1991,

pet. ref'd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Burton v. State, 805 S.W.2d 564 (Tex. App.–Dallas 1991, pet. ref'd). . . . . . . . 7

Culer v. Adams, 449 U.S. 433, 101 S. Ct. 703, 66 L. Ed. 2d 641 (1981). . . . . 1

Engle v. Coker, 820 S.W.2d 247 (Tex. App.–Beaumont 1991). . . . . . . . . . . 3, 9

Fex v. Michigan, 507 U.S. 43, 113 S.Ct. 1085 (1993).. . . . . . . . . . . . . . . . . . . 8

Huff v. State, No. 04–13–00891–CR, 2015 Tex. App. LEXIS 3401

(Tex. App.–San Antonio, April 8, 2015). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

In re Dacus, 337 S.W.3d 501 (Tex. App.–Ft. Worth 2011). . . . . . . . . . . . . . . 6

Lara v. State, 909 S.W.2d 615 (Tex. App.–Fort Worth 1995, pet. ref'd). . . . . 7

Rowe v. State, Nos. 01–97–00677–CR & 01–97–00678–CR,

1999 Tex. App. LEXIS 4922, 1999 WL 442139, (Tex. App.–Houston

[1st Dist.] July 1, 1999, pet. ref'd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Snyder v. State, No. 08-04-00246-CR, 2005 Tex. App. LEXIS 7750,

2005 WL 2313676 (Tex. App.–El Paso Sept. 22, 2005, no pet.).. . . . . . . . . . 7

State v. Powell, 971 S.W.2d 577 (Tex. App.–Dallas 1998, no pet.).. . . . . . . . . 7

United States v. Mauro, 436 U.S. 340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Walker v. State, 201 S.W.3d 841. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

PETITION FOR WRIT OF MANDAMUS PAGE iv

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

Texas Constitution:

Tex. Const. Art. V Sec. 5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Statutes:

Tex. C. Crim. P. Art. 4.04.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Tex. C. Crim. P. Art. 51.14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9

Tex. C. Crim. P. Art. 51.14 Art. IX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Tex. C. Crim. P. Art. 51.14, Art. III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Tex. C. Crim. P. Art. 51.14, Art. III(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Tex. C. Crim. P. Art. 51.14, Art. V(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6

Rules:

Tex. R. App. P. 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

PETITION FOR WRIT OF MANDAMUS PAGE v

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

Statement of the Case

1. The underlying suit arises out of Cause Numbers 11–01–13703,

11–01–13704 and 11–01–13705, entitled “THE STATE OF TEXAS v.

DOMINIQUE DONTAE LASKER" in the 506th Judicial District Court of Waller

County, Texas.

2. Respondent is ALBERT M. McCAIG, JR., Judge of the 506th Judicial

District Court of Waller County, Texas.

3. Relator/Defendant, Dominique Dontae Lasker, is entitled to relief, a

dismissal of charges, pursuant to the provisions of the Interstate Agreement on

Detainers. Tex. C. Crim. P. Art. 51.14 (IADA). On March 11, 2014, and July 15,

2014, the trial court entered orders denying Defendant's motions seeking relief

under the IADA. Appendix I, pp. 147, 157; Appendix II, pp. 149, 154; Appendix

III, pp. 149, 154.

The IADA is a congressionally-sanctioned compact between the United

States and the states, see Culer v. Adams, 449 U.S. 433, 442, 101 S. Ct. 703,

66 L. Ed. 2d 641 (1981).

The action of Respondent, the Honorable Albert M. McCaig, Jr., the

Presiding Judge of the 506th Judicial District Court of Waller County, Texas,

being complained of is the issuance of Orders denying Defendant's Motion to

PETITION FOR WRIT OF MANDAMUS PAGE 1

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

Dismiss and Motion to Dismiss for Violation of the Interstate Agreement on

Detainers that does not comport with the mandate of the IADA. Relator,

DOMINIQUE DONTAE LASKER, seeks an extraordinary Writ of Mandamus

from this Honorable Court to compel Respondent to vacate the Orders denying

Defendant's Motion to Dismiss and Motion to Dismiss for Violation of the

Interstate Agreement on Detainers and ordering Respondent to dismiss the

indictment filed against Relator.

4. A petition requesting the same relief was filed in the Court of Appeals

for the First Judicial District on July 25, 2014, in Cause Numbers

01–14–00630–CR, 01–14–00631–CR and 01–14–00632–CR. A Memorandum

Opinion was issued on January 27, 2015, denying the petition for writ of

mandamus. The justices who participated in the decision were Justices Jennings,

Massengale and Lloyd. Appendix VIII. Relator’s motion for reconsideration en

banc was denied on March 31, 2015. Appendix IX.

Statement of Jurisdiction

The Texas Court of Criminal Appeals has jurisdiction to hear this Original

Proceeding and to grant the relief requested under Article V, Section 5(c), of the

Texas Constitution; Art. 4.04 Texas Code of Criminal Procedure; and Texas Rule

of Appellate Procedure 52.

PETITION FOR WRIT OF MANDAMUS PAGE 2

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

The Respondent was acting in an official capacity as the Presiding Judge for

the 506th Judicial District Court of Waller County, Texas, when the actions

complained of occurred. The Relator has no right of appeal from the actions of

Respondent, and no other adequate remedy at law is available. The actions sought

to be compelled of Respondent are ministerial rather than discretionary in nature.

Statement of Issue Presented

THE TRIAL COURT ERRED IN DENYING DEFENDANT'S

MOTION TO DISMISS THE INDICTMENT ALTHOUGH

DEFENDANT WAS NOT TAKEN TO TRIAL WITHIN THE 180

DAYS FROM THE DATE HIS REQUEST FOR SPEEDY

DISPOSITION OF HIS DETAINER WAS RECEIVED OR WITHIN

THE120 DAYS FROM HIS ARRIVAL TO WALLER COUNTY IN

VIOLATION OF THE MANDATE OF ENGLE V. COKER, 820

S.W.2d 247 (TEX. APP.–BEAUMONT 1991) AND THE

INTERSTATE AGREEMENT ON DETAINERS ACT, TEX. C.

CRIM. P. ART. 51.14.

Statement of Facts

On January 27, 2011, Relator was indicted for the offense of murder of

Stanley Ray Jackson in Cause Number 11-01-13704. Appendix II, p. 2. On

January 27, 2011, Relator was indicted for the offense of murder of Janella

Edwards in Cause Number 11-01-13705. Appendix III, p. 2. On January 27,

2011, Relator was indicted for the offense of capital murders of Stanley Ray

Jackson and Janella Edwards in Cause Number 11-01-13703. Appendix I, p. 2.

At that time Relator was in federal custody on federal back robbery charges

PETITION FOR WRIT OF MANDAMUS PAGE 3

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

unrelated to the capital murder and murder charges. See the stipulation of the

parties. Appendix VII-5, p. 34.

On December 16, 2011, Relator was sentenced to the federal prison for one

hundred and twenty-one months. Appendix VII-5, p. 33. While he was in the

federal prison serving that sentence Waller County placed a detainer on him for

the three indictments. See the statement of the prosecutor. Appendix VII-5,

p. 7. While serving that sentence and while the Waller County detainers were

placed on him, Relator made two requests for speedy disposition of the detainers.

Appendix I, pp. 6 & 18; Appendix II, pp. 6 and 18; Appendix III, pp. 6 and 18.

Relator submitted his first request for speedy disposition under the

Interstate Agreement on Detainers (IADA) in July of 2012. Appendix VII-5,

p. 18. It was received by the District Clerk of Waller County on July 16, 2012.

It was received by the District Attorney on July 19, 2012. Appendix I, p. 170;

Appendix II, p. 167; Appendix III, p. 167.

Relator submitted his second request for speedy disposition under the IADA

in 2013. The second request was received by the District Clerk and the District

Attorney on February 8, 2013. The second request was mailed by certified mail.

Appendix VII-5, p. 19.

PETITION FOR WRIT OF MANDAMUS PAGE 4

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

Pursuant to the IADA the State of Texas requested that the federal

government enter into an agreement allowing Texas to have temporary custody

of Relator. Texas obtained such temporary custody of Relator on May 24, 2013.

Appendix VII-5, p. 21.

Pursuant to the IADA, Article III, the State is required to bring the case to

trial within 180 days of Relator’s request. If Relator’s first request was sufficient,

then the 180-day time period expired on January 14, 2013. If for any reason that

request is deemed flawed, and if his second request is sufficient, then the time

period expired on or before August 7, 2013. The record will show that this case

was not brought to trial nor was any continuance granted prior to August 7, 2013.

Pursuant to Art. V(c) of the IADA, Relator is entitled to have all three indictments

dismissed with prejudice.

On September 9, 2013, in open court the State’s motion for continuance

was granted until February 24, 2014, over the objections of Relator that such

order violated the IADA. Appendix VII-3, pp. 30-31. The continuance was

granted without good cause.

On March 11, 2014, the trial court denied Defendant’s motions to dismiss,

signing the written order in Cause Number 11–01–13703 on that date

(Appendix I, p. 147) and signing the orders in Cause Numbers 11–01–13704 and

PETITION FOR WRIT OF MANDAMUS PAGE 5

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

11–01–13705 on July 2, 2014. Appendix II, p. 149; Appendix III, p. 149. On

July 15, 2014, the trial court denied Defendant’s Motions to Dismiss for Violation

of the Interstate Agreement on Detainers. Appendix I, p. 157; Appendix II:,

p. 154; Appendix III, p. 154. From these Orders Relator files this Petition for

Writ of Mandamus.

Argument and Authorities

A prisoner who is transferred pursuant to the IADA is entitled to be tried

within 180 days of the receipt of his demand for speedy disposition. Tex. C.

Crim. P. Art. 51.14, Art. III(a) and Art. V(c). Mandamus relief should be granted

when a trial court fails to grant a dismissal with prejudice despite a violation of the

IADA. In re Dacus, 337 S.W.3d 501, (Tex. App.–Ft. Worth 2011).

In this case the Court and the prosecutor received two requests demanding

speedy disposition of the charges pending in Waller County, Texas. At the time

those requests were made Relator was an inmate in the federal penitentiary while

Waller County had lodged a detainer on him for these charges. The first request

was sent by the Relator directly to the Court and to the prosecutor. The second

request was submitted by the Relator to the warden, who sent the requests to the

Court and the prosecutor by certified mail.

PETITION FOR WRIT OF MANDAMUS PAGE 6

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

The State contended to the trial court that both sets of requests were fatally

defective and did not invoke the IADA. With regard to the first request the State

complains that the request was not submitted to the warden and mailed to the

Court and the prosecutor by certified mail. Appendix VII-5, pp. 8-9. Some Texas

courts have held that it is not required that the IADA request go through the

warden, but that the inmate may himself make the demand for speedy disposition

directly to the Court and the prosecuting attorney. Huff v. State,

No. 04–13–00891–CR, 2015 Tex. App. LEXIS 3401 (Tex. App.–San Antonio,

April 8, 2015), at *24, citing Walker v. State, 201 S.W.3d 841 at 846; Snyder v.

State, No. 08-04-00246-CR, 2005 Tex. App. LEXIS 7750, 2005 WL 2313676, at

*1 (Tex. App.–El Paso Sept. 22, 2005, no pet.) (not designated for publication);

Rowe v. State, Nos. 01–97–00677–CR & 01–97–00678–CR, 1999 Tex. App.

LEXIS 4922, 1999 WL 442139, at *7 (Tex. App.–Houston [1st Dist.] July 1,

1999, pet. ref'd) (not designated for publication); State v. Powell, 971 S.W.2d 577,

580 (Tex. App.–Dallas 1998, no pet.); Lara v. State, 909 S.W.2d 615, 618 (Tex.

App.–Fort Worth 1995, pet. ref'd); Bryant v. State, 819 S.W.2d 927, 931 (Tex.

App.–Houston [14th Dist.] 1991, pet. ref'd); Burton v. State, 805 S.W.2d 564, 575

(Tex. App.–Dallas 1991, pet. ref'd). With regard to his first request, there is no

controversy that both the State and the Court received an explicit request for

PETITION FOR WRIT OF MANDAMUS PAGE 7

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

speedy disposition under the IADA directly from Relator, albeit not by certified

mail or with the certificate of the warden.

The case of Fex v. Michigan, 507 U.S. 43, 52, 113 S.Ct. 1085, 1091 (1993),

suggests the 180-day time period begins when the request is received by the

prosecutor and the court. The U.S. Supreme Court has never indicated that the

manner the request is sent is significant to the implementation of the IADA.

The Supreme Court has rejected narrow interpretations of the IADA once

a detainer has lodged and the policies of the IADA are fully implicated. United

States v. Mauro, 436 U.S. 340, at 362. Article IX of the IADA states that “[t]his

agreement shall be liberally construed so as to effectuate its purpose.”

The State’s argument that Relator’s first request is deficient and fails to

invoke the time limits of the IADA is contrary to the Supreme Court’s guidance

in Mauro and Article IX of the Agreement.

The State’s contention concerning Relator’s second request has no basis in

any precedent. The State contended at the February 11, 2014, hearing that the

Warden’s certificate did not contain information concerning Relator’s parole

eligibility date or what action the Parole Board had taken concerning Relator.

Appendix VII-5, p. 10. In response, at that hearing Relator’s counsel asked the

trial court to take judicial knowledge that Relator as a federal prisoner was not

PETITION FOR WRIT OF MANDAMUS PAGE 8

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

eligible for parole. Appendix VII-5, pp. 22-23. Relator’s counsel also argued that

although the two lines were left blank they “were appropriately left blank. ... They

could have said none, not applicable, there are other ways to do it, but blank is

also accurate.” Appendix VII-5, p. 27.

Should this Court consider the two blanks on the certificate material, the

defects should be considered waived. In Engle v. Coker, 820 S.W.2d 247 (Tex.

App.–Beaumont 1991), the State argued that defects in the notice of

imprisonment and request for disposition should prevent any dismissal under the

IADA. The Beaumont Court pointed out that the State’s action in bringing Engle

to Texas waived any defects; the court enforced the time limits of the IADA

despite the defects and dismissed the prosecutions.

Here the valid second request for disposition was received by both the Court

and the prosecutor on February 8, 2013. Relator was returned to Waller County

on May 24, 2013. The 180-day time period expired on August 7, 2013. No

defect in the warden’s certification prevented the State from seeking a trial date

or a continuance before the August 7 deadline. The failure to try the case or get

a continuance before that date is fatal and demands a dismissal under the IADA.

As the Supreme Court wrote:

For present purposes, it is important to keep in mind that the

Agreement basically (1) gives a prisoner the right to demand a trial

PETITION FOR WRIT OF MANDAMUS PAGE 9

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

within 180 days; and (2) gives a State the right to obtain a prisoner

for purposes of trial, in which case the State (a) must try the prisoner

within 120 days of his arrival, and (b) must not return the prisoner

to his "original place of imprisonment" prior to that trial.

Alabama v. Bozeman, 533 U.S. 146, 151, 121 S.Ct. 2079, 2083 (2001).

Based on the foregoing Relator is entitled to relief and dismissal of all three

indictments pending in Waller County.

Prayer

Relator prays that this Honorable Court grant this Petition for Writ of

Mandamus and issue an order directing the trial court to dismiss with prejudice

the indictments in Cause Numbers 11–01–13703, 11–01–13704 and

11–01–13705 because of the violations of the time limits in the IADA.

Respectfully submitted,

SMITHER, MARTIN,

HENDERSON & BLAZEK, P.C.

1414 11th Street

Huntsville, Texas 77340

(936) 295-2624

(936) 294-9784 [Telecopier]

By /s/ Frank Blazek

Frank Blazek

State Bar No. 02475500

frankblazek@smithermartin.com

PETITION FOR WRIT OF MANDAMUS PAGE 10

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

William F. Carter

State Bar No. 03932800

108 E. William J. Bryan Parkway

Bryan, Texas 77803-5334

(979) 779-0712

(979) 779-9243 [Telecopier]

wfcarter73@yahoo.com

ATTORNEYS FOR RELATOR

Certification

I hereby certify that I have reviewed the above Petition for Writ of

Mandamus and have concluded that every factual statement in the said petition

is supported by competent evidence included in the appendix or record.

/s/Frank Blazek

FRANK BLAZEK

PETITION FOR WRIT OF MANDAMUS PAGE 11

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

Certificate of Service

I hereby certify that a true and correct copy of the foregoing Petition for

Writ of Mandamus was forwarded by U.S. Mail, postage prepaid, on the 29th day

of April, 2015, to the following parties, pursuant to TEX. R. APP. 9.5(d) and TEX.

R. APP. 52.10(a):

The Honorable Albert M. McCaig, Jr.

506th Judicial District Court

836 Austin Street, Suite 307

Hempstead, Texas 77445

judge@court506.com

Elton R. Mathis

Criminal District Attorney

Waller County

645 12th Street

Hempstead, Texas 77445

e.mathis@wallercounty.us

/s/ Frank Blazek

Frank Blazek

PETITION FOR WRIT OF MANDAMUS PAGE 12

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

APPENDIX

PETITION FOR WRIT OF MANDAMUS PAGE 13

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

CONTENTS OF APPENDIX

Appendix Number

Clerk’s Records:

No. 11-01-13703 - Capital Murder I

No. 11-01-13704 - Capital Murder II

No. 11-01-13705 - Capital Murder III

No. 11-01-13703 - Supplemental Record IV

No. 11-01-13704 - Supplemental Record V

No. 11-01-13705 - Supplemental Record VI

Reporter’s Record:

Vol. 1 of 6 - Master Index VII-1

Vol. 2 of 6 - Hearing on Appointment of Counsel (6-4-13) VII-2

Vol. 3 of 6 - Hearing on Motions (9-9-13) VII-3

Vol. 4 of 6 - Hearing on Motions (11-4-13) VII-4

Vol. 5 of 6 - Hearing on Motions (2-11-14) VII-5

Vol. 6 of 6 - Exhibit Index VII-6

Memorandum Opinion VIII

Order on Motion for En Banc Reconsideration IX

PETITION FOR WRIT OF MANDAMUS PAGE 14

C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF

CLERK'S RECORD

(Petition for Writ of Mandamus) FILED IN

First Court of Appeals 1st COURT OF APPEALS

HOUSTON, TEXAS

Court of Appeals No. 01-14-00630-CR (Count 1)

9/10/2014 11:23:35 AM

Trial Court Cause No 11-01-13703

th CHRISTOPHER A. PRINE

In the 506 District Court Clerk

Of Waller County, Texas

Hon. Albert M. McCaig, Jr.

INRE:

DOMINIQUE DONTAE LASKER

Appealed to the

Court of Appeals for the FIRST District of Texas, at Houston, Texas

Relator DOMINIQUE DONTAE LASKER

Attorneys for Relator Frank Blazek

1414 11 th Street

Huntsville, Texas 77340

Tel: (936)295-2624

SBOT No.: 02475500

William F. Carter

108 E. William J. Bryan Parkway

Bryan, Texas 77803-5334

Tel: (979)779-0712

SBOT No.: 03932800

Real Party In Interest The State of Texas

Attorney for State of Texasl

Real Party In Interest Elton Mathis

Waller County District Attorney

645 12th Street

Hempstead, Texas 77445

Phone: (979) 826-7718

SBOT No. 24014568

Court: 506th Judicial District Court

Judge: Hon. Albert M. McCaig, Jr.

Court Reporter: Robyn Wiley

836 Austin Street, Rm 307

Hempstead, Texas 77445

(979) 921-0921

Delivered to the First Court of Appeals

For the State of Texas

301 Fannin Street

Houston, Texas 77002

The 10th day of September, 2014

PATRICIAJ. SPADA CHENE

DISTRICT CLERK OF

WALLER COUNTY, TEXAS

l;b~

By: --~~~)r-----~-------,Deputy

Appellate Court Cause No. 01-14-00630-CR (Count 1)

Filed in the First Court of Appeals at Houston, Texas

This the day of ' 2014.

By ____________________________~,Depury

FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00630-CR (Count 1)

Trial Court Cause No. 11-01-13703

INRE § IN THE COURT OF APPEALS

§ FIRST DISTRICT

DOMINIQUE DONTAE LASKER § HOUSTON, TEXAS

PETITION FOR WRIT OF MANDAMUS

CLERK'S RECORD, VOL. 1 OF 1

(Count 1)

INDEX

PAGE NO

Caption 1

Indictment Filed 0112712011 2

Notice of Place of Imprisonment

And Request for Speedy Trial

And Final Disposition Filed 0711612012 3

Notice and Demand to District

AttorneylProsecutor for Trial or

Disposition of Warrants,

Informations, Detainers or

Indictments by Federal Prisoner Dated 07102112 6

Motion to Dismiss for Denial of

Constitutional Rights ofDue

Process and Right to Speedy Trial Dated 12/31/2012 8

Letter to Elton R. Mathis, D.A.,

From Us. Dept. ofJustice

Federal Bureau ofPrisons

Federal Correctional Complex Filed 02/08/2013 15

Defendant's Pro Se Motion to

Dismiss the Indictment or Information

Herein, or in the Alternative,

Defendant's Pro Se Motionfor

Appointment of Counsel at

Public Expense Filed 0411012013 23

Scheduling Order - Criminal Dated 0512412013 29

Waller County Magistrate's

Admonishment form Warning of

Constitutional Rights Dated 0512412013 30

Order Appointing Counsel Signed 0610412013 34

Order Appointing Counsel Signed 0610612013 35

Defendant's Waiver of

Arraignment And Entry of

Plea ofNot Guilty Filed 0711512013 36

Motion for Appointment of

Attorney as Co-Defense Counsel Filed 0711512013 38

Order Appointing Attorney Signed 0711812013 40

State's Notice of Intent to Seek

Death Penalty Filed 0813012013 41

State's Motion for Discovery of

Expert Witnesses Filed 0813012013 43

State's First Motion for Continuance Filed 0813012013 46

State's Motion for Competency

Examination Filed 0813012013 53

State's First Motion for Continuance Filed 0813012013 56

States Motion for Competency

Examination Filed 081301213 63

State's Motion for Discovery of

Expert Witnesses Filed 0813012013 65

Motion to Dismiss Filed 0910912013 67

Motion for Disclosure of

Favorable Evidence Filed 0910912013 70

Standard Discovery Order Signed 09/09/2013 74

Scheduling Order - Criminal Dated 09/0912013 75

First Amended Motion to Dismiss Filed 1013012013 76

Scheduling Order - Criminal Signed 11104113 80

Letter from Defendant to Court Filed 11/08/2013 81

Copy of Letter from D.A. to Mr.

Blazek including Attachments Filed 11/18/2013 85

Scheduling Order - Criminal Dated 01/08/2014 137

Defendant's First Motion for

Continuance Filed 01/2112014 138

Order Signed 01/2112014 142

Motion to Suppress Confession Filed 02/10/2014 143

Order (Motion to Dismiss) Signed 03/1112014 147

Notice of Preferential Trial

Setting Dated 04/04/2014 148

Scheduling Order - Criminal Dated 04/04/2014 149

Agreed Motion for Transcription

Of Pretrial Hearings Filed 04/0912014 150

Order Signed 04/09/2014 152

Motion to Dismiss for Violation

Of the Interstate Agreement

On Detainers Filed 07/14/2014 153

Order Signed 0711512014 157

Attorney Fee Voucher Dated 07/14/2014 158

Notice to Prepare Reporter's Record Filed 0910312014 165

Designation of Items to be

Included in the Record Filed 0910312014 167

State's Response to Defendant's

Motion to Dismiss Filed 09/04/2014 169

Court's Docket Sheet 213

Certification 215

THE STATE OF TEXAS

COUNTY OF WALLER

In the 506th Judicial District Court of Waller County, Texas, the Honorable Albert M

McCaig, Jr., presiding, the following proceedings were held and the following instruments and

other papers were filed in this cause, to wit:

1st COURT OF APPEAL NO. 01-14-00630-CR (Count 1)

TRIAL COURT CAUSE NO. 11-01-13703

CLERK'S RECORD

VOLUME lOFl

INRE § IN THE COURT OF APPEALS

§ FIRST DISTRICT

DOMINIQUE DONTAE LASKER § HOUSTON, TEXAS

THE STATE OF TEXAS IN THE DISTRICT COURT OF

VS. WALLER COUNTY, TEXAS

DOMINIQUE DONTAE LASKER Said JUDICIAL DISTRICT

BIM DOB: 03/2111984

Charge: CAPITAL MURDER ~ ~t:~

S &i ~ "-

Section: 19.03

Degree: CAPITAL FELONY

INDICTMENT ~ ;1l~1 .:.

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS;

The Grand Jury for the County of Waller and the State of Texas, duly selected,

t~ ~i~

empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the

506th Judicial District Court of said County, upon their oaths present in and to said Court

at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or

about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in

Waller County, Texas, did then and there intentionally or knowingly cause the death of

an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a

fIrearm, and did then and there intentionally or knowingly cause the death of another

individual, namely, Janella Edwards, by shooting Janella Edwards with a fIrearm, and

both murders were committed during the same criminal transaction.

The Grand Jury for the County of Waller and the State of Texas, duly selected,

empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the

506th Judicial District Court of said County, upon their oaths present in and to said Court

at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or

about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in

Waller County, Texas, did then and there intentionally cause the death of an individual,

namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and the

defendant was then and there in the course of committing or attempting to commit the

offense of robbery of Stanley Ray Jackson.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury

u11

IV 0

Ae.11L", tAf f,,] 11"

~ ~~

ct COURT OF Waller (fuUNa ~~.-<\

~ F--- ---'-:""::':":=':=':-- ~ ~y;.~

7( :JtC / 1 1 1 ' E STATE OF ---=T:..;e:..;;xo.:;a:..::;s_-=-[_5_0_6_ t] ~ .~~

~ • .-A~

) NOTICE OF PLACE OF IMPRIS ENT ~~D .~

) REQUEST FOR SPEEDY TRIAL AND INAIP'

) DISPOSITION... Pursuant to ........ .

v. ) (Tex.Code Crim.Proc. Ann.Art. 51.14

) (Constitution. Art. VI. § 10

)

Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282

Defendant. ) 11-01-13704 979-826-8282

11-01-13705 979-826-8282

Notice is hereby given that the above-named Defendant, D:rninig.e D:n~ lasker ,is

currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at

the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further

show:

I. The defendant is serving an approximate term of ~ months of imprisonment from a

judgment imposed by the United District Court for the District of

California

-===-====-----,, on December 16 2011 Defendant has a projected release date

--'

.......u_s_t_______ , 13

from federal custody on _A_ug , 20 ~. (see attached sentencing

computation/data sheet).

2. The defendant has been advised that there are, or may be, outstanding citations, warrants,

informations, charges, and/or complaints pending in this jurisdiction. Specifically:

1). Capital ~urder Charges ... Warrant # 11-01-13703979-826-8282

2). Capital Murder Charges ... Warrant # 11-01-13704979-826-8282

3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting

authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on

Detainers. The Defendant further requests in an absence of availability of trial, an in absfenfia

resolution be arranged.

YIP Law Library FormslNoticeSpeedyTrial·Detainer (Rev 9111)

4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is

binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v. North

Carolina, 386 U.S. 213, 222-223 (1967). A state is responsible for a defendant's speedy trial rights,

even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 (1969). This notice

would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.

Afichigan, 507 U.S. 43,113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and

actions required to resolve this matter by trial or settlement in abstentia, including an order for the

district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,

and the dismissal of any outstanding citations, warrants, informations, charges. and/or ('('\"~ ... 1";-"-

presently pending in this jurisdiction, within a reasonable period of time not· ?\, \1- ui... s-i-~- . l-f

/>-1·lfJ:(\ "-1 ;0 ~:~c. ILL C.»

Respectfully Submitted,

~~./

Reg. No. 22867-298

United States Penitentiary

Victorville FCC

POBox~ 3900

Adelanto, CA 92031

CERTIFCATE OF SERVICE

I hereby certify that a copy of this document ,vas mailed to the office of the district attorney/

prosecutor for this jurisdiction, addressed as below.:

D\S.1fCCt- .4mrVKL{

?> Yfo (,rh. ~1fc.G~ Su.i\-f.. \

l\tvY1p~h:&\.J 1 XJ 77L.j~-5

Dominique Dontae Lasker

VIP Law Library FormsfNoticeSpeedyTrial-Detainer (Rev 9/11)

CERTIFICATE OF SERVICE

I, Dominique Dontae Lasker ,hereby certify that I have served a true and

Notice of place of imprisonment and request for

complete copy of the following:

speedy trial and final disposition ... pursuant to:

Tex. Code. Crim. Proc. Ann. Art. 51.14, and

Tex. Constitution, Art. VI, § 10

By placing the same in the care and custody of prison officials of the United States Penitentiary,

Victorville USPIFCC, at Adelanto, California, on this -l.k- day of

JG\'I\lJ..OJ\.{ ,20 12 ,with sufficient postage affixed. It would be

\..

noted that this service would be deemed filed at the time it was delivered to prison authorities for

forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245

(1988). This service was addressed to the following party or parties:

1). District Court, 506th District 2).

Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors

Waller County Courthouse OFFICE

836 Austin Ct., Room 318 FOR WALLER COUNTY

Heapstead, TX 77445-4673

~~ue D~LaSker---""" <:::::

Reg. No. 22867-298

United States Penitentiary

Victorville FCC

PO Box 5300

Adelanto, CA 92301

VIP Law Library Formsl Certificate of Service (Rev. 8/11)

NOTICE AND DEMAND TO DISTRICT ATTORNEYIPROSECUTOR

FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMATIONS, DETAINERS OR

INDICTMENTS BY FEDERAL PRISONER

Dominique Dontae Lasker

~~~~~ FROM:

Reg. No. 22867-298

, ~L\b if' S\ru~ S:ui\<- \ United States Penitentiary

Victorville FCC

He-M~~~<d T~ 17~yS PO BoxDOJl 3900

Adelanto, CA 92301

Dear Sir/Madam:

1. I have been informed that I have the following outstanding warrant(s), indictment(s), or complaint(s) under the

following case numbers, issuing from your jurisdiction:

CaQital Murder Charge # 11-01-13703 979-826-8282

CaQital Murder Charge # 11-01-13704 979-826-8282

Ca12ital Murder Charge # 11-01-13705 979-826,...8282

2. I am presently, a federal prisoner in the custody of the United States Attorney General, incarcerated at the

Victorville Federal Correctional Complex, located in Adelanto, California.

3. I was sentenced in the United States District Court for the Southern District of California,

to a term of 121 months. My current projected release date from federal custody is Aug u s t , ~,

20 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).

4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and

do riot allow my participation in certain rehabilitative programs. r remain in a higher security classification category and the

delay in prosecution prejudices my defense against these outstanding charges.

5. I have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and

disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or

disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or

alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the

requirements of applicable statutes for Interstate Agreement on Detainers ("IAD").

Cordially,

Authorizated by the ominique

July 7, 1955, as amended,

to administer oaths (18

WITNESS-PRISON STAFF MEMBER U.S.C. § 4004).

COPIES: ORIGINAL TO DISTRICT ATTORNEY, AND f.:EEP COpy FOR ow~ RECORDS TO BE l'SED WITH REQUEST TO COURT FOR DISMISSAL. ALSO: INCU':DE

DO(TMENTA TlON FROM THE CASE MANAGER/RECORDS REGARDNG THE WARRANTIDETANER AND IF POSSIBLE YOUR SENTENCE ~lONlTORING/DA TA

COMPUT ATION PRINTOl'T SHOWr-.:G YOUR PROJECTED RELEASE DATE

YIP Law Library FonnslNoticeSpeedyTrial-Detainer (Rev 9/11)

VIPDO 542*22 * SENTENCE MONITORING * 07-10-2012

PAGE 001 OF 001 * GOOD TIME DATA * 14:45:23

AS OF 07-10-2012

REGNO ... : 22867-298 NAME: LASKER, DOMINIQUE DONTAE

ARS 1 ... : VIP A-DES PLRA

COMPUTATION NUMBER .. : 010 PRT ACT DT:

LAST UPDATED: DATE.: 12-30-2011 FACL .. : DSC CALC: AUTOMATIC

UNIT . . . . . . . . . . . . . . . . : 6 A QUARTERS ............ : F61-119L

DATE COMP BEGINS .... : 12-16-2011 COMP STATUS ......... : COMPLETE

TOTAL JAIL CREDIT ... : 412 TOTAL INOP TIME ..... : 0

/2ffiRENT REL DT ...... : 10-~ EXPIRES FULL TERM DT: 11-29-2020

PROJ SATISFACT DT ... : 08-13-2019 TUE.-/ PROJ SATISF METHOD .. : GCT REL

ACTUAL SAIISFAC'I' Dr. : ACTUAL SATISF METHOD:

DAYS REMAINING ...... : FINAL PUBLC LAW DAYS:

GED PART STATUS ..... : DEPORT ORDER DATED .. :

---------------------------GOOD CONDUCT TIME AMOUNTS---------------------------

START STOP MAX POSSIBLE TO ACTUAL TOTALS VESTED VESTED

DATE DATE DIS FFT DIS FFT AMOUNT DATE

10-31-2010 10-30-2011 54 54

10-31-2011 10-30-2012 54

10-31-2012 10-30-2013 54

10-31-2013 10-30-2014 54

10-31-2014 10-30-2015 54

10-31-2015 10-30-2016 54

10-31-2016 10-30-2017 54

10-31-2017 10-30-2018 54

10-31-2018 08-13-2019 42

TOTAL EARNED AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 54

TOTAL EARNED AND PROJECTED AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 474

G0005 TRANSACTION SUCCESSFULLY COMPLETED - CONTINUE PROCESSING IF DESIRED

11-01 ~ 13103

MOTION TO DISMISS FOR DENIAL OF

CONSTITUTIONAL RIGHTS OF DUE PROCESS AND RIGHT TO SPEEDY

TRIAL

THE DEFENDANT, IN PROPRIA PERSONA, MOVES THE COURT TO

ORDER THAT THIS CAUSE BE DISMISSED PURSUANT TO THE PROVISIONS

OF THE SPEEDY TRIAL ACT OF 191LtQ-8 U.S.C. 3161-3174).

THE GROUNDS FOR THE MOTION ARE THAT THE DEFENDANTS

DUE PROCESS right UNDER THE FOURTEENTH AMENDMENT TO THE

UNITED STATES CONSTITUTION TO PROMPT INITIATION OF THE

PROSECUTION, THE DEFENDANT'S RIGHT TO A SPEEDY TRIAL UNDER

THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION HAVE

ALL BEEN DENIED BY THE GOVERNMENT'S DELIBERATE AND PERSISTENT

PATTERN OF oppressive AND PREJUDICIAL DELAYS IN THIS ACTION,

ALL OFF WHICH HAVE COMBINED TO PREVENT THE DEFENDANT FROM

ADEQUATELY PREPARING A DEFENSE AGAINST CHARGES.

THE RIGHT TO A SPEEDY TRIAL WAS DECLARED

"FUNDAMENTAL" AND IMPOSED ON THE STATES BY THE DUE PROCESS

CLAUSE OF THE FOURTEENTH AMENDMENT IN KLOPFER V. NORTH

CAROLINA 386 U.S'. 213,222-223

1.THE DEFENDANT IS SERVING A SENTENCE OF 121 MONTHS,

IN THE UNITED STATES PENITENTIARY AT VICTORVILLE FEDERAL

CORRECTION COMPLEX, SAN BERNADINO COUNTY, AT ADELANTO,

CALIFORNIA, WITH PROJECTED RELEASE DATE: AUG 13,2019

THE DEFENDANT HAS PENDING CHARGE(S), WARRANT(S)

INDICTMENT(S) OR COMPLAINT(S) IN THIS JURISDICTION, WHICH DO

NOT INVOLVE EITHER PENDING PROBATION OR PAROLE VIOLATIONS AND

MORE SPECIFICALLY ARE:

1. CAPITAL MURDER 11-01-13703

2. CAPITAL MURDER 11-01-13704

3. CAPITAL MURDER 11-01-13705

3.THE DEFENDANT HAS DEMANDED A SPEEDY TRIAL ON OR

ABOUT JULY 07 2012, ALL TO NO AVAIL. DEFFENDANT SERVED A

NOTICE AND DEMAND FOR SPEEDY TRIAL OR FINAL DISPOSITION,

PURSUANT TO TEX. CODE CRIM.PROC.ANN.ART.51.14

CONSTITUTION, ART 6 SEC 10 VIA FORM, ON THE OFFICE OF

DISTRICT ATTORNEY. AT THE TIME OF NOTICE UPON THE DISTRICT

ATTORNEY THE DEFENDANT PROVIDED A NOTICE WITH THIS COURT

CONCERNING THE OUTSTANDING CHARGES, WARRANTS OR COMPLAINTS.

4. ADDITIONALLY THIS ACTION MAY BE CONSTRUED

AS AN INTERSTATE AGREEMENT ON DETAINER REQUEST, AND SO DOING,

THE DISTRICT ATTORNEY AFTER NOTICE HAS MADE NO EFFORT TO

RESOLVE THE MATTER.

5. BASED THEREON, VIRTUALLY ALL LEGISLATURES

HAVE ESTABLISHED STATUES DURING WHICH THE TRIAL OF A

DEFENDANT MAY OR MAY NOT BE COMMENCED (TEX.CRIM.PROC.CODE.ANN

ART 12.01 ET SEQ).

6. MORE THAN 120 DAYS HAVE ELAPSED, WITH NO

ACTION BEING TAKEN BY THE DISTRICT ATTORNEY'S OFFICE. THE

DEFENDANT MAKES CLEAR INDICATION THAT HE HAS BEEN PREJUDICED

BY DELAY IN THIS CASE AND FURTHER THAT HIS PRESENT

INCARCERATION HAVE BEEN ADVERSELY AFFECTED. THE SUPREME COURT

STATED THAT THE ONLY POSSIBLE REMEDY FOR THE DENIAL OF AN

ACCUSED'S RIGHT OF SPEEDY TRIAL UNDER THE FEDERAL

CONSTITUTIONS SIXTH AMENDMENT WAS DISMISSAL OF THE

INDICTMENT. PURSUANT TO 18 U.S.C. PENAL CODE 3161, THIS

COURT HAS THE AUTHORITY TO DISMISS THIS CASE WITH PREJUDICE.

RESPECTFULLY SUBMITTED

DATE: ;'''I~ /1)..//3

DATE: \1 ~ ~C\\-

STAFF

SUBSCRIBED AND SWORN BEFORE ME

THIS l'9 DAY beL 20 IL.-

FEDERAL CORRECTIONAL COMPLEX, V:CTORVILLE, CA

S~NO COU:JTY

tt~A~

ASE.tMNAGER

AUTHORIZED BY ACT OF CONGRESS JULY 7, 1955

TO ADMINISTER OATHS

(TITLE 18, U.S.C. SECTICN 4004)

IN THE District COURT OF Waller COUNTY

FORTHESTATEOF Texas [506 District]

--~~~--~-----

Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND

Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL

) DISPOSITION... Pursuant to ........ .

v. ) (Tex.Code Crim.Proc. Ann.Art. 51.14 )

) (Constitution, Art. VI, § 10 )

)

Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282

Defendant. ) 11-01-13704 979-826-8282

11-01-13705 979-826-8282

Notice is hereby given that the above-named Defendant, D:minigE nn~ lasker , is

currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at

the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further

show:

1. The defendant is serving an approximate term of 121 months of imprisonment from a

judgment imposed by the United District Court for the District of

California 16 2011

- - - - - - -, on December --,----- Defendant has a projected release date

from federal custody on __

Aug--'='-u_s_t_ _ _ _ _ _ , 13 , 20 ~. (see attached sentencing

computation/data sheet).

2. The defendant has been advised that there are, or may be, outstanding citations, warrants,

informations, charges, and/or complaints pending in this jurisdiction. Specifically:

1). Capital Murder Charges ... Warrant # 11-01-13703 979-826-8282

2). Capital Murder Charges ... Warrant # 11-01-13704 979-826-8282

3). Capital Murder Charges ... Warrant # 11-01-13705 979-826-8282

3. The defendant moves this Court to order he be brought for trial, and that prosecuting

authorities arrange temporary custody under the appropriate provisions for Interstate Agreement on

Detainers. The Defendant further requests in an absence of availability of trial, an in abslentia

resolution be arranged.

VIP Law Library FonnsiNoliceSpet'dyTrial-Delainer (Rev 9/11)

•

.]A- Vl 11.... h 't.\t 31\- '-\ ( I Y Uf·L. J/JG

4. This Motion is based upon the Defendant's Sixth Amendment speedy trial guarentee that is

binding on the states through the Due Process Clause of the Fourteenth Amendment. Klopfer v. .'Vorth

I 'i L e J ).. rA i, "6 ) I ISLe J ). J I] 1 5'

Carolina, 386 U.S. 213, 222-223 (1967). A state is responsible for a defendant's speedy trial rights,

even where a defendant is held in federal prison. see: Smith v Hooey, 393 U.S. 374 (1969). This notice

would further trigger defendant's request under the Interstate Agreement on Detainers. see: Fex v.

Afichigan, 507 U.S. 43, 113 S.Ct. 1088, 122 L.Ed.2d 406 (1993).

WHEREFORE, the defendant prays that the Court initiate all needed and necessary orders and

actions required to resolve this matter by trial or settlement in abstelllia, including an order for the

district attorney/prosecutor to seek temporary custody from federal authorities under lAD provisions,

and the dismissal of any outstanding citations, warrants, informations, charges. and/or (,A"" ... I~:-"'-

presently pending in this jurisdiction, within a reasonable period of time not·

o\.l-....I

~ >1'

u <"" 1_

I . .::>-f.\ . l ··f

f..- 11 C' \1 ( 1) ;~ (ItI; (':.,)

Respectfully Submitted,

~ (\CI .~'. \

\\L Ie

Dated:~ ~z- ~

V""n~~inique tae La! . / "

Reg. No. 22867-298 ~

United States Penitentiary

Victorville FCC

POBox ~ 3900

Adelanto, CA 92031

CERTIFCATE OF SERVICE

1 hereby certify that a copy of this document ,vas mailed to the office of the district attorney/

prosecutor for this jurisdiction, addressed as below.:

DiS.1fC c-t4UorVle. L/

~ 4~ Gr~ ~1(u:r ':)L.Li~'t. \

l\e\IY1p~tcVlJ 1 X) 77'-J~-S

VIP Law Library FormsiNoticeSpeedyTrraI-Detainer (Rev. 911 I)

jJ-

NOTICE AND DEMAND TO DiSTRICT ATTORNEY/PROSECUTOR

FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMA nONS, DETAI;\'ERS OR

INDICTMENTS BY FEDERAL PRISONER

FROM: Dominique Dontae Lasker

Reg. No. 22867-298

United States Penitentiary

Victorville FCC

PO BoxDOJ{ 3900

Adelanto, CA 92301

Dear Sir/Madam:

I. I have been infonned that 1 have the following outstanding warrant(s), indictment(s), or complaint(s) under the

following case numbers, issuing from your jurisdiction:

Ca]2ital Murder Charge # 11-01-13703 979-826-8282

Ca]2ital Murder Charge # 11-01-13704 979-826-8282

CaJ2ital Murder Charge # 11-01-13705 979-826-8282

2. 1 am presently a federal prisoner in the custody of the United States Anorney General, incarcerated at the

Victorville Federal Correctional Complex, located in Adelanto, California.

3.1 was sentenced in the United States District Court for the Sou thern District of California,

to a tenn of 121 months. My current projected release date from federal custody is August ~,

20 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout).

4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and

do riot allow my participation in certain r~habilitati.ve QrOgfams. 1 rema~.!i!Lclassification category and the

delay in prosecution prejudices my defense against these outstanding charges.

5. I have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and

disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or

disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or

alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the

requirements of applicable statutes for Interstate Agreement on Detainers ("IADn).

Cordially,

D,ted ~~*!""'A7'C'-:t~O:S:f~"-'9~;Z':':":::---"7...¢.:=:::=-RE-Qt-rE-ST-OR

July 7,1955, as amended, Dominique Dontae Lasker

to administer oaths (18

. U.S.C.

WITNESS-PRISON STAFF MEMBER

§ 4004) .

COPIES: ORIGCNAL TO DIS TRICT A ITORNE\', "SD KEEP COpy FOR O"'S RECORDS TO BE CSED WITfj REQCEST TO COL'R T FOR D1S,\/ISSAL ALSO: I~CLL'DE

Due L\.IE~TA nor-.; FROM THE C -\SE \1ANAGERiRECORDS REGARDNG THE \\"-\RRAST.'DETM'\!ER -\SD IF POSSIBLE YOL'R SE~T[:-.sCE ~IOt\ITORI1\'G/DA TO\

CU\IPLH, TlO!'o< PRI:-"TUU ,HOIII,-u \ Ol 'R PROJECTED REl EASE D~ rE

VIP Law Library FormsiNoticeSpeed} Trial-Detainer (Rev 9flJ)

CERTIFICATE OF SERVICE

I, Dominique Dontae Lasker ,hereby certify that I have served a true and

Notice of place of imprisonment and request for

complete copy of the following:

speedy trial and final disposition ... pursuant to:

Tex. Code. Crim. Proc. Ann. Art. 51.14, and

Tex. Constitution, Art. VI, § 10

By placing the same in the care and custody of prison officials of the United States Penitentiary,

Victorville USPIFCC, at Adelanto, California, on this ~ day of

~l!O\JQf\! ' 20 12 , with sufficient postage affixed. It would be

noted that this service would be deemed filed at the time it was delivered to prison authorities for

forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245

(1988). This service was addressed to the following party or parties:

1). District Court, 506th District 2).

Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors

Waller County Courthouse OFFICE

836 Austin Ct., Room 318 FOR WALLER COUNIY

Heapstead, TX 77445-4673

~j~

iTIique ~Lasker~ ~

Reg. No. 22867-298

United States Penitentiary

Victorville FCC

PO Box 5300

Adelanto, CA 92301

r .j

..... J...-:-'-...:)/,-""\

/) ; v,,-;-

VIP Law Library Fonnsl Certificate of Service (Rev. 8/11)

1'1

u.s. Department of Justice

-- - • •• • ~ j -, •• -'~ '-'

~r3FL')

2 til L:.J -

.IA/O 59 Federal Bureau of Prisons

8 F;l.:

Federal Correctional Complex

Office of the Correctional syst......."---:::±:4.f.1.+-A.-'. Victorville, California

January 31, 2013

Office of the District Attorney

Elton R. Mathis, Criminal District Attorney

Waller County

506 th Judicial District

645 12th Street

Hempstead, Texas 77445

Re: Lasker, Dominique Dontae

STATE CASE/REFERENCE NO. 11-01-13703; 11-01-13704; 11-01-13705

Dear Mr. Mathis:

In response to your request for temporary custody pursuant to the

Interstate Agreement on Detainers Act (IADA), applicable forms are

enclosed.

Please be advised subject has been notified of your request and has been

afforded a 30-day period in which to contact the Warden of this

institution as to any reasons why he should not be

produced in your State pursuant to the Agreement.

X The inmate has waived this 30-day period. You may contact

this facility directly to arrange for temporary custody.

The inmate has elected this 30-day period, provided under

Article IV(a), which expires on DATE). Any court proceedings

must occur after this date.

Please remit to this office the original completed Form VI,

"Evidence of Agent's Authority to Act for Receiving State" (BP~A564)

and originals of the lAD Form V (BP-568) and lAD FormVI (BP-565).

The persons designated as agents to return the prisoner to your

State must also be the persons whose signatures appear on the Form

VI. Naming alternative agents would be advisable in case your

primary agents cannot make the trip. The alternate agents'

signatures should also appear on the Form VI. Also be advised that

the designated agents must have in their possession a copy of the

warrant when assuming custody of the prisoner.

Page Two

RE: Lasker, Dominique Dontae

Inmates who are temporarily transferred pursuant to the lAD remain

under the primary jurisdiction of Federal authorities. Should you

accept temporary custody of this inmate, we wish to remind you that

under Article V(e) of the IADA, you are required to return the above-

named inmate to "this institution after prosecution on all pending

charges.

While this inmate is in your temporary custody, he/she will be held in

a suitable jail that meets the level of security required by the Bureau

of Prisons. In addition, security requirements for the inmate must

be met. Two law enforcement escort officers, handcuffs, martin chains

and leg irons are required. Contract Guard Services are not allowed.

Any problems associated with this inmate must be reported to the

individual listed below. This inmate may not be released on bailor

bond or any other agency while in your custody. Additionally, this

inmate is not to be committed to a state correctional institution for

service of any state sentence(s) that may be imposed because of your

prosecution.

To help us with processing, please fill out the enclosed certification

form and return to us before scheduling a date for assuming custody.

Before making scheduling arrangements, please contact this individual

below to ensure all required paperwork and approvals have been met.

If you have any questions on this matter, please call: D.

Wren, Supervisory Correctional Systems Specialist at 760-530-

5748.

Sincerely

Linda T. McGrew, Warden

((ll)~

/s/ D.

Wren, SCSS

Enclosures: BP-Forms A235, A236, A238, A239

BP-A565, lAD/State Writ - Prosecutor's Certification Form

cc: Clerk of Court

State IADA Administrator

BP-8235(51)

\--

lAD -NOTICEOFUNTRIEDINDICTMENT

u. S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

INMATE NAME: REGISTER NUMBER: INSTITUTION:

LASKER DOMINIQUE DONT AE 22867-298

FCC VICTORVILLE COMPLEX

Pursuant to the Interstate Agreement on Detainers Act, you are hereby infonned that the following are the

untried indictments, information, or complaints against you concerning which the undersigned has knowledge,

and the source and contents of each: WALLER COUNTY SHERIFF'S OFFICE. CAPITOL MURDER

CAUSE #11-01-13703, 11-01-13704 AND 11-01-13705.

You are hereby further advised that the provisions of said Agreement you have the right to request the

appropriate prosecuting officer of the jurisdiction in which any such indictment, information or complaint is

pending and the appropriate court that a final disposition be made thereof. You shall then be brought to trial

within 180 days, unless extended pursuant to provisions of the Agreement, after you have caused to be

delivered to said prosecuting officer and said court written notice of the place of your imprisonment and your

said request, together with a certificate of the custodial authority as more fully set forth in said Agreement.

However, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

Your request for final disposition will operate as a request for final disposition of all untried indictments,

information or complaints on the basis of which detainers have been lodged against you from the state to whose

prosecuting official your request for final disposition is specifically directed. Your request will also be deemed

to be a waiver of extradition with respect to any charge or proceedings contemplated thereby or there imposed

upon you, after completion of your term of imprisonment in this state. Your request will also constitute a

consent by you to the production of your body in any court where your presence may be required in order to

effectuate the purposes of the Agreement on Detainer and a further consent voluntarily to be returned to the

institution in which you are now confined.

Should you desire such a request for final disposition of any untried indictment, infonnation or complaint, you

are to notify the Inmate Systems Manager of the institution in which you are now confined.

You are also advised that under provisions of said Agreement the prosecuting officer of a jurisdiction in which

any such indictment, information or complaint is pending may oppose the request that you be delivered to such

prosecuting officer or court. You may request the Warden to disapprove any such request for your temporary

custody but you cannot oppose delivery on the ground that the Warden has not affirmatively consented to or

ordered such delivery.

DATE: NAME AND TITLE OF Linda T. McGrew,

CUSTODIAL AUTHORITY Complex Warden

August 31, 2012 Charles E Samuels Jr. BY: D. Wren, Correctional

Director, Bureau of Prisons Systems Specialist

DATED: INMATE SIGNATURE

Original Inmate

Copy: J&C File

Central file

BP-S236.0S1 lAD - PLACEMENT OF IMPRISONMENT CDFRM

FEB!14

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

To: Prosecuting Officer Jurisdiction:

ELTON R. MATHIS WALLER COUNTY, TX

Court: Jurisdiction:

506th JUDICIAL DISTRICT WALLER COUNTY, TX

And to all other prosecuting officers and courts of jurisdiction listed below from which indictments, information or

complaints are pending, you are hereby notified that the undersigned is now imprisoned in:

Institution:

Federal Correctional Complex - United States Penitentiary P.O. Box 5400, Victorville, CA 92301

And I hereby request that a final disposition be made of the following indictments, information or complaints now pending

against me: WARRANT No. 11-01-13703, 11-01-13704 and 11-01-13705

CAPITAL MURDER SECTION: 19.03 DEGREE: CAPITAL FELONY

Failure to take action in accordance with the Interstate Agreement on Detainers Act, to which your state is committed by

Law, will result in the invalidation of the indictments, information or complaints.

I hereby agree that this request will operate as a request for final disposition of all untried indictments, information or

complaints on the basis of which detainers have been lodged against me from your state. I also agree that this request shall

be deemed to be my waiver of extradition with respect to any charge or proceedings contemplated hereby or included

herein, and a waiver of extradition to your state to serve any sentence there imposed upon me, after completion of my term

of imprisonment in this state. I also agree that this request shall constitute a consent by me to the production of my body in

any court where my presence may be required in order to effectuate the purposes of the Interstate Agreement on Detainers

Act and a further consent voluntarily to be returned to the institution in which I now am confined.

If jurisdiction over this matter is properly in another agency, court or officer, please designate the proper agency, court

or officer and return this form to the sender.

Forms BP-S238(51), Certificate of Inmate Status, and BP-S239(51), Offer of To Deliver Temporary Custody, are

attached.

Dated:

Inmate's Name and Register No.:

January 30, 2013 LASKER, DOMINIQUE DONTAE

Federal Register: 22867-298

The inmate must indicate below whether he has counselor wishes the court in the receiving state to appoint counsel for

purposes of any proceedings preliminary to trial in the receiving state which may take place before his delivery to the

jurisdiction in which the indictment, information or complaint is pending. Failure to list the name and address of counsel

will be construed to indicate the Inmate's consent to the appointment of counsel by the appropriate court in the receiving

state.

A. My Counsel is (give name) Address is: (Street, City, State, Zip Code)

vrequest the Court to appoint Counsel. (Inmate's Signature)

Record Copy - Slate lAD Administrator; Copy - J&C File; Copy - Central File (Sect I); Copy - Prosecuting Official (Mail Certified Return Receipt); Copy - Clerk of Court

(Mail Certified Return Receipt)

BP-S238.0S1 lAD - CERTIFICATE OF INMATE STATUS CDFRM

Fcbnwy1994

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

Inmate's Name: Register No.: Institution:

LASKER, DOMINIQUE 22867-298 FCC VICTORVILLE

DONTAE COMPLEX

Institution Address: Federal Correctional Complex, P.O. BOX 5400 Adelanto, CA 92301

The (Custodial Authority) hereby certifies:

1. The term of commitment under which the prisoner above named is being held:

121 MONTHS

2. The Time Already Served: 1 YEAR 3 MONTHS 4 DAYS

3. Time Remaining to be Served on the Sentence: 6 YEARS 6 MONTHS 15 DAYS

4. The Amount of Good Time Earned: 108

5. The Date of Parole Eligibility of the Prisoner:

6. The decisions of the U.S. Parole Commission relating to the Prisoner:

7. Maximum expiration date under present sentence: 11-29-2020

Detainers currently on file against this inmate from your state are as follows:

WARRANT No. 11-01-13703, 11-01-13704 AND 11-01-13705

Date: Name and Title of Custodial Authority By: (Chief Executive Officer)

Charles E. Samuels Jr. Linda T. McGrew,

1130/13 Director, Bureau of Prisons Complex Warden

r ((j..U'u.,.-

D. Wren

Correctional Systems Specialist

Record Copy - State lAD Administrator

Copy - J &C File

Copy - Central File (Sect. 1)

Copy - Prosecuting Official (Mail Certified Return Receipt)

Copy - Clerk of Court (Mail Certified Return Receipt)

BP-S239.0S1 lAD - OFFER TO DELIVER TEMPORARY CUSTODY CDFRM

February 1994

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

Date: January 30, 2013

To: Prosecuting Officer Name and Title (ifknown) Jurisdiction:

ELTON R. MATIDS Criminal District Attorney WALLER COUNTY, TX

And to all other prosecuting officers and courts of jurisdiction listed below from which indictments,

infonnation or complaints are pending

Re: (Inmate's Name) Register Number

LASKER, DOMINIQUE DONTAE

22867-298

Pursuant to the provisions of Article V of the Interstate Agreement on Detainers Act between this

state and your state, the undersigned hereby offers to deliver temporary custody of the above-named prisoner

to the appropriate authority in your state in order that speedy and efficient prosecution may be had of the

indictment, information or complaint which is described in the attached inmate's request dated:

September 27, 2012

The required Certificate of Inmate Status is enclosed. dated: January 30,2013

Ifproceedings under Article IV(d) of the Interstate Agreement on Detainers Act are indicated, an

explanation is attached.

Indictments, information or complaints charging the following offenses also are pending against the

inmate in your state and you are hereby authorized to transfer the inmate to custody of appropriate authorities

in these jurisdictions for purposes of these indictments, information or complaints.

CAPITAL MURDER DISTRICT COURT OF WALLER COUNTY, TEXAS

19.03 506TH JUDICIAL DISTRICT

CAPITAL FELONY

If you do not intend to bring the inmate to trial, will you please inform us as soon as possible? Kindly

acknowledge.

By: (Chief Executive Officer) Institution & Address: NamelTitle Custodial Authority:

\+'~~n FCC Victorville - USP Charles E. Samuels Jr.

Correctional Systems Specialist P.O. Box 5400 Director

Adelanto, CA 92301 Bureau of Prisons

Linda T. McGrew

Complex Warden

BP-S565.051 lAD I STATE WRIT - PROSECUTOR'S CERTIFICATION CDFRMDEC 02

U.S. DEPART.MENT OF JUSTICE FEDERAL BUREAU OF PRISONS

This is to certify that I, ELTON R. MATHIS, Criminal District Attorney, hereby request

temporary custody of LASKER, DO~NIQOE DONTAE, Federal Register Number 22867-298 via X

LAD __State Writ (check one), and do hereby agree to the following conditions in connection

with the request for custody of said inmate.

Conditions

a. Agree that said inmate will be provided safekeeping, custody, and care and will assume

responsibility for that custody to include providing the inmate with the same level of

security required by Bureau of Prisons Policy.

b. Agree to report to the Bureau of Prisons any problems associated with said inmate, to

include disciplinary problems, medical emergencies, suicide attempt, escape or attempted

escape or any other problem arising during commitment.

C. Agree not to release said inmate on bailor bond or to commit them to an institution for

service of any sentence imposed in connection with our prosecution.

d. Agree to return said inmate to the federal institution from which they were obtained at

the conclusion of the inmate's appearance in the proceeding for which obtained.

e. Agree to notify the local jail authority of .the responsibility to return the inmate to

federal custody.

As the Prosecuting Official for the State of Texas I, ELTON R. MATHIS, Criminal District

Attorney, hereby submit the following information in connection with my request for

temporary custody of LASKER, DO~NIQOE DONTAE, Federal Register Number 22867-298.

Information

1. Name of facility, location, contact person, and phone number where the inmate will be

confined during legal proceedings.

2. Scheduled date for trial. 3. Projected date of return of the prisoner to federal

custody:

4. Name and phone number of the stat~ agency, specific name of agent(s) who will transport

the inmate at direction of the court and whether a private carrier, contractor (if

permitted by Bureau of Prisons policy), state agency, or the USMS, will be transporting

the inmate for the state.

5. Need for appearance of inmate and nature of action.

6. For State Writ cases only (not required for lAD):

a. Name and address of court issuing writ, name of the judge, and name, address, and

phone number of clerk of the court.

b. Reason production on writ is necessary and reason another alternative is not

available (for civil cases).

7. Signature and Title of Prosecutor Date

Subscribed and sworn before (Date) : ___________________________________

8. Signature of Notary Public Date

Original - J&C File, Copy - Central File This form replaces BP-S565 dtd FEB 94)

J-I

.09/05/2012 08:35 7605( _ RECORDS PAGE 02/03

BP-SS68.051 I.AD I'ORM V - REQUEST FOR TEMPORARY ctJSTODY CDFRM JlJlAUIot.O FEB 94

O. S. DEPARTMENT OF JUS'l'ICE FBDERAt. B'OUAO 01' PRISONS

six copies. Signed copies m1,l8t be scnt to the pdsoner and to the official who has the pr.isoner in

custody. A copy should be sent to the Aqreement AdministratQr of both the sending and the recei~ing

.state. Copies 5hould be. retained by the person filinq the reque.st a.nd the judge whQ e:i.gns the raquest.

Prio~ to transfer ~nder this Agreement, an Inmate ~y be afforded a judicial haaring (Cuyler) similar

to that provided und~r the Cnifor:m ExtraditiQ1'l ~ct, in which the inmate may bring a limitmd challenge

to the receiving state's reque5t. -

To: (Wa.tden-Superinten~ent-D~rector) - Ins~itut~n and Address fi .

V l\,);(::;~.s+",t,.s ?eIVlf~j(}fI'At'"""J

Vic.to~v'dlE" .-cc.

. J

7-0· .Eox.3t:iOC1 A-oell1l\J ~~301

l)CJ

please be advised that (Name of Inmate) »oMd\f J q IA Ii J)oN1 At: LrtS K.eJ2... 21$(,f"- 20'11, who

~ ~;~~. ~.y an inmate ot your institution, is under [indicate appropriateJ

~d!:~e~:.. riafsma'ti:en) (-eomplaint) in the (Jurisdiction)

<:3 0(" ..4 CJ. W ~lleV" COtA,vt y 1-e'(J45, of which I am the (Title of Prosecuting

Officer) j)jS"\V\\'c:.. f A" H OI'2.J\J~ Said inmate is

. therein charged with the offens s)

enumerated below:

( l - 0 I - I;

Off.naeCs) ~(

(j) Cp.y~-\-I'\l M1.4vt>eV' l\-OI-13=rO.:l?c~fJi.f,A{ J~vl)..PY\..~I-()1-1310'l-~ ""'I.'vo"r-

I propose to bring this person to trial on thi8 [indicate appropriate) (indictment

~m~.blt) within the time specified in Article IV(c) of the A9~eement.

In orde~ that proceedings in this matter may be p~operly had, I hereby request temporary custody of

such per$ons pursuant to Article IVta, of thm Agreement on Oat4ine~e.

Attached herewith find in triplicate:

a. Certifier;! copies of the complaint, infor:m.ation or indlctment

b. Certified copies of the warrant

c. Certified copies of ~tngerprints, photographs or_physica~ desc~iption

I l)ereby agree tnat immediatlllly after trial h completed in this jurisdiction, t will return the prisoner

directly to you 0: allOW any juriediction you have d~siqnated to take tempQrary custody. I agree dlso

to complete rorm IX, The Notice of Dis osition of a Detainer, immediatel .fter trial.

Printed Name and Signatu~ : ~. Title t ~ . Date

'= \\ON ~. tv'\ PI +"-.\$ - ----- CRil\,dNA.1 J)is ~~ 011 No" J.l~ J 20"

Address: Ci ty/State: "1--=7 4t!- s;- Telephone No.:

LP4 S" ltJ..t-","s+<-ed \..l..-e'oN\.ps--be~'J )-r. ~.:XItS q-=l'1. - <d 2v - ~=118

I hereb~ certify that the person whose signature apPQ~rs above is an appropriate of.ficer with~n -the

meaning of A~ticla IV(a) and that the facts recited in this ~equest for tempora CU8tody are co~rect

al"ld that having c\uly rGicorded said reql,le~t, I hereby transmit it for acti'On in cordance with its term

and the ~ovisions of the A~reP.ment on Detainers. (

Judge's Printed Name and Signature Date

~ I b.4V1 \"\. Me Ca\ fVoV .2~J 20/2

Court Distic:t S 0 ~ -th

SD (p ~ ::r\A..-\JI'C\'.4..\ Dtstytc.1 COu,v-t

Telephone

Orl

(This form may be ~eplicated via WP)

Albert M. McCaig, Jr.

Judge. S06th Judicial District Court

Wa! ler and Grimes Counties. Texas

1 ZGI3t.PRlO Fi13=37

ay~._

IN THE DISTRICT COURT OF WALLER COUNTY

6 FOR THE STATE OF TEXAS

(S06th District)

. '.~

9 STATE OF TEXAS, ) No. 11-01-137{)3 979-826-8282

) 11-01-13704 979-826-8282

10 Plaintiff, ) 11 - 01 -13 705 979-826-8282

)

11 vs. ) DEFENDANT'S PRO SE MOTION TO

" ) DISMISS THE INDICTMENT OR

12 DOMINIQUE DONTAE LASKER, ) INFORMATION HEREIN, OR IN THE

) ALTERNATIVE, DEFENDANT'S PRO

13 Defendant.) SE MOTION FOR APPOINTEMENT OF

COUNSEL AT PUBLIC EXPENSE

]4 - - - - - - - - - - - - )

I. MOTION

COMES NOW pro se Defendant DOMINQUE" DONTAE LASKER, without

]7 the assistance of coubsel, and moves this court for an order to

18 dismiss the indictment or information filed against him in the

19 above entitled action.

20 This motion is based upon all of the files and plead~ngs in

21 this case as well as the attached declaration of the Defendant.

25 DEFENDANT'S MOTION TO DISMISS - P~ge 1

1 II. DECLARATION OF DEFENDANT

2 DOMINIQUE DONTAE ,LASKER deposes and states as follows:

3 (1) I am the defendant proceeding pro se herein, I am over

4 the age of 18, and competent to testify in a court of law.

5 (2) I have knowledge of the facts contained herein, and I

6 make this Declaration in support of my motion to dismiss, and in

7 the alternative, my motion for appointment of counsel.

8 (3) I am currently serving a sentence in Federal custody

9 in the United States Penitentiary at Victorville, California.

10 (4) In July 2012, I filed with the Prosecutor of this County

11 a NOTICE OF PLACE OF IMPRISONMENT AND REQUEST FOR SPEEDY TRIAL AND

12 FINAL DISPOSITION pursuant to Tex. Code Crim. Proc. Art. 51.14,

13 const. Art. VI, § 10, and the Interstate Act on Detainers.

(5) My notice was directed to the District Attorney at the

District Attorney's Office, 846-6th Street, Suite #1, Hempstead,

16 TX, 77445. ,(SEE Exhibit ,1, attached herein)

(6) Since the filing of this request, the State of Texas has

made no attempts to have me returned to that jurisdiction to be

able to face my charges , and present a defense to these allegations.

(7) More than 180 days has elapsed since the filing of my

notice to the Office of the District Attorney, and they have made

no efforts to resolve this matter.

25 DEFENDANT'S MOTION TO DISMISS - Page 2 ,

1 (8) I believe that any opportunity for me to have a fair

2 trial is gone due to the passage of time, and the memory fading

3 of any and all witnesses that I may call in my behalf.

4 (9) I believe that the longer it takes for me to get to a

5 trial will hinder my ability to present a defense, because I may

6 not be able to contact my witnesses, and gather information to

7 assist with proving my innocence.

(10) I am currently indigent, and proceeded indigent at my

9 federal trial. I cannot afford to pay for counsel.

(11) I am asking the court to appoint counsel for me at

public expense, so that my rights my be properly protected herein.

(12) Under penalty of perjury, under the laws of the State

of Texas, I declare that the foregoing is true and correct.

DATED this ~ day of Apti \ 2013.

25 DEFENDANT'S MOTION TO DISMISS - Page 3.

IN THE Distric t COURT OF Waller COUNTY

FOR THE STATE OF ----~~--~-----

Texas [506 District]

Waller County Sheriffs, ) NOTICE OF PLACE OF IMPRISONMENT AND

Plaintiff, ) REQUEST FOR SPEEDY TRIAL AND FINAL

) DISPOSITION... Pursuan t to ........ .

v. ) (Tex.Code Crim.Proc. Ann.Art. 51.14 )

) (Constitution, Art. VI, § 10 )

)

Dominique Dontae Laske~ ) CASE NO. 11-01-13703 979-826-8282

Defendant. ) 11-01-13704 979-826-8282

11-01-13705 979-826-8282

Notice is hereby gIven that the above-named Defendant, r:tminicp: D:nt:E lasker IS

currently a federal prisoner in the custody of the United States Attorney General, and is incarcerated at

the Victorville Federal Correctional Complex located in Adelanto, California. Defendant would further

show:

1. The defendant is serving an approximate term of 121 months of imprisonment from a

judgment imposed by the United District Court for the District of

California

- - - - - - - - - , on December 16 2011

--,---- Defendant has a projected release date

from federal custody on __

Aug-'='-u_s_t_ _ _ _ _ _ , 13 , 20 ~. (see attached sentencing