Handy, Emerson ( 2015 )

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RECEIVED IN
CAUSE NO. 1278565-A COURT OF CRIMINAL APPEALS
EMERSON HANDY § IN THE JUD &Ei'At 6 2015
#1792077 §
§
v. § DISTRICT cou&P``costa, Clerk
§
§
HARRIS COUNTY, DISTRICT CLERK: § HARRIS COUNTY, TEXAS
"PLAINTIFF'S ORIGINAL APPLICATION
FOR WRIT OF MANbAMUS:"
TO THE HONORABLE JUDGE.OF SAID COURT:
Comes now Emerson Handy, Relator, pro-se in the above-styled
and numbered cause of action and files this original applicat-
ion for· ·writ of mandamus pursuant to the court article 11.07
section 3 (c) of the Texas Code of Criminal Procedure, and would
show_the court the following:
I. '~-~:\\:;,"'"'·-
·'-&,
';_
Emerson Handy, TDCJ #1972077 is an offender incarcerated in
the Texas Department of Criminal Justice and is appearing pro-
se, who can be located at the Wayne Scott Unit A-1-21, 6999
.....'l,,r:.!>.,..,..._ __ ....... ~.. -
Retrieve Rd. Angleton, Texas 77515. Relator has exha~sted his
remedies and has no other adequate remedy at law. The act sought
to ~be compelles is min~sterial, not discretionary in nature.
V.A.C.C.P., art. 110.7 section 3 (c) requires respondent to
immediately t~ansmit to the Court -of Criminal Appeals a copy
of the application for writ of habeas corpus, any answers filed
and a certificat~ reciting the date upon which that finding
was made, if the convicting court decides that there are no
issues to be resolved. No copy of the application for writ
of habeas corpus, any answers filed, and a certificate reciting
the date upon which that finding was made have been trans-
mitted to the Court of Criminal Appeals. Had such documents
been transmitted to the Court of Criminal Appeals by respondent
as required by state, ~elator would have received notice from
the Court of Criminal Appeals.
ii.
DAtJ,'rL _
& at£ II in. her /his capacity as District
Clerk of Harris County, Texas has a ministerial duty to receive
arid file _all paper's in a criminal proceeding and perform all
other duties imposed on the clerk by law pursuant to V.A.c.c.P.,
-•.
2.21, and is re~ponsible under V.A.C.C.P., ll.07 section
3 (c) to immediately transmit to the Court of Criminal Appeals
a copy of the application for Writ of Habeas Corpus, any answers
and certificate reciting the date upon which that find-
ing was made if the convicting court decides th~t there are
no issues to be
.,\· c
J.J~_;_s _.
resolved.-.. . .
o JJ;.c.L
i:i
District Clerk, Harris
County may be served at her/his place of business ,at ftMR;~
~+.:.II.J...f'---~Texas, 7 7 2/0- C/ros /.
IIT.
V~Qlation of Article 11.07 of
The respondent violated article 11.07 section 3 (c) of
the V.A.c.c.P., by failing to provide a copy of the application
for writ of habeas corpus, any answers filed, and a certificate
reciting the date upon which that finding was made to the Court
of Criminal Appeals within the time prescribed by law and with-
in a reasonable time from the date on which the documents were
requested to be transmitted.
Requests for the transmittal of the application for Writ
{1 )
of Habeas Corpus, any answers filed, and a certificate -·-
reciting the date upon which that finding was made, were made
'>. CUR;s o~ M1° E L
by relator to ~ , District Clerk, Harris County,
by certified mailed Letters '
date 12-16-2014: pursuant to art-
icle 11.07 section 3 (c) of the Code of Criminal Procedure.
True and accurate copies of the above letters are attached hereto
as exhibits "A" through " " and are incorporated by reference
herein. for all purposes.
To date, relator has received no response from respondent
regarding relator's request for transmittal of a copy of the
application for Writ of Habeas Corpus, any answers filed and
a c~rtificate reciting the date upon which that habeas corpus,
any answers filed,and.acsrtificate teciting the date upon which
that finding was made to the Court of Criminal Appeals.
As is clear from relator's letters, relator has repeatedly
put respondent on notice that relator seeks the transmittal
of copy of the application for writ of habeas corpus, any answ-
res filed, a certificate reciting the date upon which that find-
ing was made to the Court of Criminal Appeals and that such
records are required by the Court of Criminal Appeals to act
on relator's writ of habeas corpus. Relator has gone well be-
Dyond any requirement or obligations imposed upon him by the
Texas Code of Criminal Procedure.
/
In contrast to relator's article ll.Q7 secction 3 (c) is
acting in bad faith, and has also failed to afford relator the
professional and common courtesy of any written respone's to
his correspondence and requests.
Article 11.07 section 3 (c) clearly states that "[i]f the
( 2)
--.,
.•
'convicting court decides that there are no such issues,
the clerk shall immediately ·transmit [emphasis added] to the
Court of Cri~in~l Appeals a copy of the application, any answ-
ers filed, and a certificate reciting the date upon which that
finding was made. Failure o£ the court to act within the all-
owed 20 days shall constitute such a finding. Texas Code of
Criminal Procedure article 11;07 section 3 (c) respondent is
in violation of this proced~re, ministerial· duties, and thus
the laws of this state. _T_N_Rf.' AB-"kaR. L!\Mo_tJ_I~1iJd,le:-Jl;J&/&. -a-Y3-=.l!:L1_``j.___
MANJ.A.M-lJ>_ (a_€ _I±M~p_i~LI._D]__Ct ..C~g;_;~.ll.eP-.__fkloJ?E lhi E>t{21_~Eho;J ol if! d~Jy.sV~o.ll1t;;Q!'l.
CAUSE NO. 1278565-A .
Prayer For Relief
WHEREFORE, . PREMISES CONSIDERED, Relator Emerson Handy``
pro-se, respectful1y requests a finding that the respondent
did not transmit documents to the Court of Criminal Appeals
within a reasonable time . after the date they were requested
and tha~ relator brought this 1itigation in good faith and.has
substantially prevailed. Relatbr pray~ FOR AN ORDER DIRECTING
RESPONDENT TO TRANSMIT COPY OF THE APPLICATION FOR WRIT'OF HABEAS
CORPUS, any answers filed, arid a certificate reciting the date
upon which that finding was made to the Court of Criminal App-
eals as directed in article 11/07 ~ection 3 (c) of the Texas
Code of Criminal Procedure and-as requested in relator's letters
(Exhibits "A" through " "
( 3)
CAUSE NO. 1278565-A
Emerson Handy § IN THE !79th JUDICIAL
TDCJ7ID #1792077 §
§
v. § DISTRICT COURT OF
§
§
Harris County District Clerk: § ·Harris County, Texas
Order
On this day, came on to be heard the foregoing relator's
application for writ of Mandamus and it appears to the court
that the same should be
Granted
It is therefore ORDERED that the District Clerk shall imm-
ediately transmit to the Court of Criminal Appeals a copy of
the application for writ of habeas corpus, any answers filed,
and a certificate reciting the date upon which that transmittal
was made·.
Signed on this the day of I 2015.
------------------~
Presiding Judge
,,
CAUSE NO. 1278565-A
The State of Texas §
§
County of Harris §
Affidavit
I swear under oath that the facts and allegations in the
above application for writ of Mandamus are true and correct.
Emerson Handy
Relator
Signed under oath Before me on this the ~Day of _
~\A~ , 2015.
••• • •• • • • •• •• ••• •• • • • • •• • Notary public in and for
·e-·--
• -·:::::-....:.:_-_,_ CAROL M. JENNINGS•
: .;:_(A··y: Not~ry . the State of Texas
. .
Public. Stat!! of T.exas :
-~:-... 'W _/_,-
•
• · ·.-:--:.. c·~·>
- -
My Commission Expir!!s
07 -09·20 1a
•
• Qa..ro I N\.:J:ef"\n in§">
printed or typed name
·····~···················
``~· MY COMMISSION EXPIRE
Certificate of Service
---~I--'-h"-e~r~e~b..._Y_,......._c~e.;;;...r~t...;;;i...;;;f:.....~Y.__~t-'h-'-a-'t'--a'-'-...;;t-"r-'u-'e'--c.;;;.....:..o..._p....y__,o:_;f;;;..._,;:t _he above _A p p ll_S: at·
for Writ of Mandamus was served o~ 'WR;i Q~t{;tir by "placing
a copy in the u.s. mail addressed to: MR . Abt: I Aea,s~n '. CJER \.:__
PD. 8o'Jt L 23
.
~ f' A:t.stiJ\{ on this the
'I£';<'A.5 'lb'7fl
~ day of __s~·-----' 2015.
!:r,1gM-!91,1 ``.
/s/
relator ·r