Jones, Franklin Carl ( 2015 )

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RECErVED IN
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COURT OF CRIMINAL APPEALS
JUt 01 2il15
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·' IN 1'HE COURT OF CRUUNAL APPEALS
OF TEXAS
FRANKLIN CARL JONES § RECEIVED IN
Relator § COURT OF CRIMINAL APPEAL
§
vs. § IN RE. 977894
JUL 0 12U15
§
BELINDA J. HILL §
IN HER OFFICIAL CAPACITY §
Respondent § Abe! Acosta, Clerk
RELATOR'S APPLICATION FOR WRI'r OF f1ANDAMUS
TO THE HONORABLE JUDGE OF SAID COURT
COMES NOW, Franklin Carl Jones, Relator, Pro, se1 in the above styled
and numbered cause of action and files his Relator's Application of Writ
of Mandamus, pursuant to Rule 52.08 Section (c) of TRAP, and will show the
Court the following:
I.
RELATOR
1.01 Franklin Carl Jones, TDCJ #1224452 1s an offender incarcerated in
the Texas DeparLment of Criminal Justice and is appearing Pro se, who can be
located at the William G. McConnell Unit, Bee County, Texas 78102.
l. 02· Relator has exhausted his reme.dies and has no other adequately
remedy at law. I f the court determines that ;:Relator is inti tled to relief
it must make an appropriate order. The Court may grant relief without hearing
oral argument.
1. 03 The act soughL.tO be compelled is ministerial, not disc~etionary
in nature. ·rRAP Rule 52.8(c) requires Respondent to immediately transmit to
the Court of 185th a completecopy of his Writ of Habeas Corpus under newly
discover evidence to hold a competency hearing where the State and Court
appointed counsel failed to order a competeucy hearing for the Relator
(Franklin Carl Jones).
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·' II.
RESPONDENT
2.01 Respondent Belinda J. Hill, in her capacity as First Assistant
District Attorney(of Harris County, Texas has a ministerial Duty to turnover
The Relator's 11.07 Writ of Habeas Corpus, Memorandum of Law and all his
Exhibits A,B,C to the Court of the 185th District Court according to the State
Bar Artiles of V.T.C.A. ~ov't. Code Title 2,, Subtitle 6, Appendix Article
10, Section 9, Code Professional Responsibility. Disciplinarv RUle 9-102(3)
(4) as applied in Resolution Trust Corp. V.P.C., 128 F.R.D. 647, "underTexas
Law entire Writ of 11.07 Habeas Corpus and all attachment must be forward
to the 185th District Court".
III.
VIOLATION OF STATE BAR ARTICLES OF V.T.C.A. GOV'T CODE TITLE 2
SUBTITLE 6, APPENDIX ARTICLE 10 SEC. 9 CODE PROFESSIONAL RESPONSIBILI'rY
DISCIPLINARY RULE 9-102(3)(4j
3.01 On f\1arch 9, 2015, the Relator accidently filed an ll.U7 Writ of
Habeas Corpus, Memorandum of Law and Exhibits A/B,C to First Assistant
District Attorney Belinda J. Hill, alleging that he was denied a Competency
Hearing under newly discovered evidence. Saia writ and documents was filed
on March 9, 2015, and was recieved by the District Attorney on the 11th or
12th of March 2015. The Relator has requested the Respondent to transmit his
11.07 Writ of Habeas Corpus, Memorandum of Law and all Exhibits to tbe Trial
Court of 185th District:128 F.R.D. 647, an
as requested in Relator's letters (Exhibits A through C).
4.
Respectfully submitted,
Franklin Carl Jones
#1224452
CVicConnell Unit
3001 S. Emily Dr.
Beeville, Tx 78102
THE STATE OF TEXAS
COUNTY OF BEE
AFFIDAVIT
I swear under oath that the facts anj allegation in the above
APPLICATION FOR WRIT OF MANDAMUS are true and correct.
INMATE'S DECLARATION
I, Franklin Carl Jones, am the Applicant and being presently incarcerated
at the William G. McConnell Unit in Beeville, Texas, declare under penalty
of perjury that according to my belief, the facts stated in the above
application are true and correct.
SIGNED ON this the~ day of ~
~M~
'2015.
Applicant
CERTIFICATE OF SE~VICE
I hereby certify that a ture copy of the above APPLICATION ``R WRIT
OF· CViANDAMUS was served on:
First Assistant District Attorney
Belinda J. Hill
1201 Franklin St., Room 600
Houston, Texas 77002-1930
by p``c~n;_a~true and correct copy in the U.S. Mail on the ~day of
--~---````````-----' 2015.
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Relator
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i:,OJ{\RCH 25 I 2015
JUDICIAL NOTICE
RE: Writ of Habeas Corpusi M~morandum.of Law, Exhi~its A,B,C
Dea~ Ms. Belindcl Hill,
With all doe respect, in my haste to mail out my ll.Q7 writ o£
habeaG cor~us, I miscakingly sent it oto ihe District Attorn~y's
Office instea~dof to the Clerk of Courtroom 185th. I kr1Qw that
it i~ not tour jOb to correct my error,
,
but I am ~espectfully
;I
askin9 l.ou to fono~ard my 11.07 writ of itabe::~.s cor· pus to t:h(::
~ro``r court, which is the 185th District Court so that the
A~p~al ~recess may bg spe~ up instead of delayed. It was- the
llth or or 12th of March 2015 in 0hich fOU should have ceceivea
it. I have already contRcted the District Clerk explairiing the
I
matter.
Thank you tor your assistance in this im~ortant oattec and
thank you for taking out the time to corr0ct this error.
Respectfullly Submitted,
.l''ra.nklin Jon~)S
T. D.C. ffl224452
3001 Sth Emily Dr.
Baeville,Tx.78102
!11CCONNELL UNI'l"
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!.
CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
Direct Dial Line:
3/27/2015
Mr. Franklin Carl Jones
#1224452/McConnell Unit
3001 S. Emily Dr.
Beeville, Texas 78102
Memorandum response to correspondence received: 03/26/15
Re: Cause No(s) 0977894.
Dear Mr. Jones,
1:8] Your motion/request Writ of Habeas Corpus was filed with the District Clerk and on
03/26/15 the Court:
~ Took no action 0 Denied your Motion/Request 0 Granted your motion/request
0 Took action 0 Advised attorney of record ~ Other
0 Our records reflect your jail time credit to be: Sentence to begin date: _ _ .
0 Contact TDC records for further information.
0 Requests for certified copies:
0 Please include full name, date of birth, and/or cause number.
0 Copies must be ordered by document name for correspondence to determine how many pages, to be able to
quote a price. The fee for certified or un..:ertifiecl copies is $1.00 !)er !)llge. All requ~sts m!tst include a self-
addressed, stamped envelope If the cause number is not known, there will.be a record search fee of $5.00.
1:8] Other:_ This clerk contacted the Assistant DistriCt Attorney's Office for Court 185 and was
advised that a Writ from Franklin Jones has not come across her desk. Furthermore, she
advises if one should be mailed by mistake to the ADA for the 185th it would be forwarded to
the Harris Cpunty District Clerks's Post Conviction Writs Department.
By: T. Czepinski
Clerk in the 185 District Court
P,O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (713) 755-5749
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CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
Direct Dial Line:
4/22/2015
Mr. Franklin Carl Jones
#1224452/McConnell Unit
3001 S. Emily Drive
Beeville, Texas 78102
Memorandum response to correspondence received: 04/2112015
Re: Cause No(s) 0977894.
Dear Mr. Jones,
[gj Your motion/request TO COMPEL was filed with the District Clerk and on 04/2112015 the
Court:
0 Took no action ~ Denied your Motion/Request D Granted your motion/request
D Took action D Advised attorney of record ~ Other
0 Our records reflect your jail time credit to be: Sentence to begin date: _ _ .
0 Contact TDC records for further information.
0 Requests for certified copies:
D Please include full name, date of birth, and/or cause number.
D Copies must be ordered by document name for correspondence to determine how many pages, to be able to
quote a price. The fee for certified or uncertified copies is $1.00 per page. All requests must include a self-
addressed, stamped envelope- If the cause number is not known, there will be a record search fee of $5.00.
[gj Other: Please see the enclosed Certified Copy of the Court's Ruling.
By: T. Czepinski
Clerk in the 185 Distri
P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (713) 755-5749
E::< PARTE: Fi<.ANKLIN CARr. .. 101\lP~ Tl\1 'T'RP. lASt-h llTS'T'RTC"l' ('nflR'T'
\ ... OF HARRIS COUNTY,
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Chris Daniel
District Clerk
-APR 2 1 2015 CAUSE NO. 977894
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Time:
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Applicant's Motion to Compel!
To The Honorable Judge Susan Br9wn
0~('[, ,,
~ J..,j "'h
Fran]clin Carl Jone;:;, Applicant pro se, moves to this court for~ ( 7 0..
an order
Hill, to
CriminaL
answer filed and a certificate reciting the date upon whi
such finding was mad~. in support thereof Applicant wo~l~·
.~.; ·; ...
the court the following:
: ...•·
1). Applicant filed an application for Writ of Habe~s;Corpus
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alleging that he was denied . a Competency Hearing und~r pewly
discovered evidence. Said w~ it was filed on March 9.;, 2b{~:r;·,~nd
···: ··'·\;_'· -· ·,
was received the District Attorney on the ll th or l2tt;it-i>.:t·:·~.;:t;rd;h
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2015.
2). In my haste to mail out my 11.07 writ of Habeas Corpus,
I addressed it to the District Attorney instead of teh Clerk
of Courtroom l85th.
3). I know that it is not their job to correct my··erro:L 'but·
I had respectfully asked them to forward my 11.07 writ of Habeas
Corpus to the proper court, which was the l85th District Court
so that the Appeal process may be speeded up instead of delayed.
4). On April 15,2015, approximately (l) month later, Ms. Hill
has failed to respond to my first letter nor ~as she responded
to my certified letter, which was mailed out cOh.:::·M~r·ch. 26,2015.
~- ~-··:.;·.:..\.... :...,~: ':' '; :-: ·.. ~:':~.....
5). As of this date, April 15,2015, 30 daysf.·l'a-t'er, Assfstant
District Attorney, Belinda J. HilL has y~::£-.~:·i~ '··~·om~:ly· .. ~:f~h Art.
;.:- . ...
11.07 Sec. 3(c).
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Wherefore, the Applicant request this Ho'·~,pr.aqle··c