in Re: Donald Adkins ( 2015 )

UMS-©ol Z^-CfL
tf*f
IN RE, DONALD ADKINS IN THE TWELFTH CIRCUIT
-V- COURT OF APPEALS
CHARLES R. MITCHELL
DISTRICT JUDGE FiLED IN COURT OF APPEALS"
12th Court cfAppflaift District
SABINE COUNTY, TEXAS
MAY 2 1 20
AND
MR. J. KEVIN DUTTON „ TYLER TEXAS
m
CATHY S. LUSK. CLERK
DISTRICT ATTORNEY
SABINE COUNTY, TEXAS
RELATOR'S ORIGINAL APPLICATION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, Donald Adkins, Relator in pro-se, to bring forth
before this Honorable Court this Original Application for Writ of
Mandamus pursuant to Tex. Gov'e Code Ann. § 22.221, Vernon's
Ann. C.Cf.P. art 4.03, 4.04, and 4.08 and the constitution of
both the State of Texas, and the United States, and not limited
there to... and will show this Honorable Court the following:
I.
RELATOR
Donald Adkins TDCJ-CID No. 1792685, is currently
incarcerated in the Ramsey One Unit, 1100 FM 655, Rosharon, Texas
77583, Brazoria County.
Relator has exhausted his remedies and has not other
adequate remedy at law. The action sought to be compelled is
ministerial, and not discretionary in nature.
District Attorney J.K. Dutton and the District Court's
Honorable Judge, Charles R. Mitchell of Sabine county, Texas has
a sworn duty to uphold the constitution and laws of the State of
Texas, and our Federal Government... and, Fast and Speedy trial,
and has failed to do so or has blatantly disregarded their
obligation they sworn to uphold upon appointment or hire.
II.
RESPONDENT(S)
Respondent(s), district attorney Dutton as well as the
Honorable judge Charles R. Mitchell, of the Sabine County
Judicial District Court of Texas h%s the duty to secure and
protect the Relator's due process and, fast and speedy trial
rights under State and Federal law, and State and Federal
Constitution.
Ill
PROCEDURAL HISTORY
1. On or about August 4, 2011, notification of pending
charges became known to Relator out of the County of Sabine,
State of Texas nd the Relator requested his attorney, Steve Smith
to invoke Speedy Trial Rights on Sabine County of Texas, Court's
thereof.
2. No document evidence is in possession of the Relator.
3. On the dates of October 17, and November 20, 2012,
Relator sent to Sabine County Court and prosecution Motions for
Speedy Trial and Bench Warrant.
4. The Respondents and Court thereof never responded to the
motions filed on October 17, and November 20, 2012.
-2-
5. On December 16, 2013, Relator filed (mailed) a Motion to
Dismiss pending charges, complaints, indictments... et-cetra.
6. Respondents and/or Court thereof never responded.
7. On January 17, 2014, a letter to the clerk of the court
of Sabine County, Texas... explained actions priorly taken by
Relator and nol response was provided and, Relator requested
status.
8. On February 19, 2014, a letter explaining the above
Number 1-7 herein of this writ's procedural history... was mailed
to "Honorable Judge, Mitchell of Sabine County, Texas, an
requested assistance in the interest of justice and as of this
date no response.
9. Within numbers 1-8 of this writ's procedural history, the
Relator has directed his rights to speedy trial an rights secured
bu federal constitutional law.
10. Relator, under State and Federal law, provided notice to
Respondents and the State of Texas, county of Sabine... in
writing through his documents filed (mailed) with the Courts of
Sabine County, Texas. See 1-9 of this writ's procedural history.
11. The Respondents have placed holders (warrants) against
the Relator in his prison placement classification screen -
preventing proper review of parole and institutional security
levels for privileges, rights enjoyed by others, and parole
consi deration.
12. The holders are unconstitutional and deny the freedoms
and privilege due to the Relator.
-3-
VI.
MEMORANDUM
The issuance of a writ of mandamus is a extreme remedy. Its
use is limited to instances where: 1). A official has failed to
preform a lawful, essentially ministerial duty; 2). The Relator
has not other viable remedy at law to compel the official to act.
The Respondents have failed to prevent violations of the
Relator's rights to due process and fast and speedy trial and in
so doing dismissing all warrants, holds, indictments, complaints
et-cetra against him known or unknown to the Relator and by
failure of Respondents to perform their duties have prejudiced
the Relator and violated his secured rights.
The writ of mandamus is the only viable remedy at law to
compel the officials to act.
The Respondents has failed to perform their duties to
secure the Relator's secured rights, and further dismiss all
complaints, warrants, holds et-cetra against the Relator when he
further attempted to remedy the matter before this Honorable
Court of his violated rights by multiple attempts to obtain a
fast and speedy trial and dismissal of the addressed complaints,
warrants, holds, et-cetra after gross neglect of the Respondents
during the years of attempted remedies by the Relator! It is
clear that the Respondents have either failed or refused to even
attempt to comply with State and Federal law and/or secured
constitutional amendments. Consequently, the lasp of time has
prejudiced any defense the Relator would have had in rememberance
of detail, knowledge of witnesses and vital culpable and
-4-
exculpable facts necessary to show actual innocence or key
factors. It must be evident that this Relator has attempted any
and all appropriate exhaustive attempts of a remedy and all such
attempts has thus far failed to remedy the issues at hand and
error lies on part of the trial court of Sabine County, Texas in
this case and that the primary issue for this appellate court
must be in the interest to enforce the constitution of both State
and Federal Government and restore the rights that are being over
looked in ignorance of multiple attempts made by this Relator.
The actions of the Respondents are not in the best interest
of justice.
Jurisdiction is proper, not just by statue under Texas State
law, or that of rule of court, but... for interest to secure our
constitutional intent set forth by our forfathers to overturn the
crown and a single sided monarchy.
This Court has "un-wavering" jurisdiction, by rule of Court
and rights of Relator.
V.
PRAYER FOR RELIEF
Wherefore Premises considered, Relator, Donald Adkins... in
pro-se, respectfully request that this Honorable Court finds that
the Respondents has either failed or refused to perform its
ministerial duty and has not upheld the letter of the law and/or
the constitutional intent and therefore, set forth the following:
The Relator prays for an order by this Honorable Court
directing the Respondents to comply with the mandates set forth
by the constitution in the Promise of Due Process and a fast and
speedy trial and dismiss with prejudice all counts held against
the Relator being called a complaint, warrant, indictment
et-cetra addressed by the Relator in his many attempts made in
his procedural history section III of this application of a writ
for mandamus were he proves Respondents has created grounds for
this writ to issue.
Respectfully Submitted,
Donald Adkins Pro-Se
TDCJ-CID No.1792685
Ramsey One Unit
1100 F.M. 655
Rosharon, Tx. 77583
CERTIFICATE OF SERVICE
I do hereby certify that a complete copy of the forgoing
Application for Writ of Mandamus was sent via US mail to:
1. Charles R. Mitchell 2. J.Kevin Dutton
273rd District Court District Att.
Sabine County, Texas Sabine County, Texas
Mailed this to day of May 2015, by way of Ramsey One
TDCJ-CID mail room.
Respectfully Submitted,
nTonald Adkins Pro-Se
TDCJ-CID No.1792685
Ramsey One Unit
1100 F.M. 655
Rosharon, Tx. 77583
AFFIDAVIT OF FACT
I Donald Adkins, do hereby state:
1. I am Donald Adkins, Relator in the accompanied
application for writ of mandamus and this affidavit residing at
1100 F.M. 655, Rosharon, Texas 77583 with TDCJ-CID No.1792685.
2. I do hereby state that all claims made before this
Honorable Court in the referenced application of writ of mandamus
are of fact to the best of my knowledge.
I do hereby under oath make there claims as fact before this
Honorable Court and do so under the laws of perjury.
Sworn and signed this iQ day of May 2015.
Donald Adkins
TDCJ-CID No.1792685
Ramsey One Unit
1100 F.M. 655
Rosharon, Tx. 77583