McKee, Ronnie Dwayne ( 2015 )

RECEIVEI:l IN FROM:
©OORT OF CRIMINAl APPEALS RONNIE DWAYNE McKEE#l841949
JUN 2 4 2015 McCONNELL UNIT
)qOl SOUTH EMILY DRIVE
BEEVILLE, TEXAS 78102
TO:
COURT OF CRIMINAL APPEALS
P.O. BOX 12308
CAPIT.QL STATION
AUSTIN, TEXAS 78711-2308 This document contains some
pages ~hat are of poor quality
at the time of imaging.
RONNIE DWAYNE McKEE VS. THE STATE OF TEXAS
IN RE: TO CAUSE#1366229-A
FILING WRIT OF MANDAMUS
DEAR CLERK;
ENCLOSED PLEASE FIND MY ORIGINAL COPY OF THE WRIT OF MANDAMUS
PLEASE FILE WITH THE COURT SEND TO ME A COPY OF THE SAME STAMPED
AS FILED FOR MY RECORDS MY ADDRESS IS LISTED ABOVE.
RONNIE DWAYNE McKEE
CAUSE#1366229-A
RONNIE DWAYNE McKEE IN THE 337th. JUDICAL
v.
STATE OF TEXAS DISTRICT COURT OF
HARRIS COUNTY TEXAS
TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW
RONNIE McKEE RELATOR PRO-SE IN TKE ABOVE STYLED
AND NUMBERED CAUSE OF ACTION AND FILES THIS ORIGINAL
WRIT OF MANDAMUS, PURSUANT TO ARTICAL 11.07 SECTION
3(c) OF THE TEXAS CODE OF CRIMINAL PROCEDURE, AND WOULD
SHOW THE COURT THE FOLLOWING:
I .
RELATOR RONNIE McKEE TDCJ#1841949 IS AN OFFENDER INCAR-
CERATORED IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
AND APPEARING PRO-SE, WHO CAN BE LOCATED AT THE JESTER
3 UNIT 3 JESTER Rd. RICHMOND,TEXAS 77406 RELATOR HAS
EXHAUSTED HIS REMEDIES AND HAS NO OTHER ADEQUATE REMEDY
AT LAW.
THE ACT SOUGHT TO BE COMPELLED IS MINISTERIAL NOT DIS-
CRETIONARY IN NATURE. TCCP ART.11.07 SECTION 3(c) REQURIES
RESPONDENT TO IMMEDIATLY TRANSMIT TO THE COURT OF CRIMINAL
APPEALS A COPY OF THE APPLICATION FOR WRIT OF HABEAS CORPUS
NAY ANSWERS FILED, AND A CERTIFICATE RECITING THE DATE UPON
WHICH~THAT FINDING WAS MADE IF THE CONVICTING COURT DECIDES
THAT THESE ARE NO ISSUES TO BE RESOLVED. NO COPY OF APPLICATION
FOR WRIT OF HABEAS CORPUS,!ANY ANSWERS FILED, AND A CERTIFICATE
RECITING THE DATE UPON WHICH THAT FINDING WAS MADE HAVE BEEN
TRANSMITTED TO YHE COURT OF CRIMINAL APPEALS BY RESPONDENT AS
~EQUIRED BY STATUTE, RELATOR WOULD HAVE RECIEVED NOTICE FROM
THE COURT OF CRIMINAL APPEALS.
II.
RESPONDENT SILVIA PUBCHARA IN HER CAPACITY AS COURT APPOINTED
ATTORNEY OF HARRIS COUNTY TEXAS HAS A MINISTERIAL DUTY TO
RECEIVE AND FILED ALL PAPERS IN A CRIMINAL PROCEDING, AND ;
PERFORM ALL OTHER DUiiES IMPOSED ON THE CLERK BY LAW PURSUANT
TO TCCP ART. 2.21 AND IS RESPONSIBLA UNDER TCCP 11.07 SECTION
3(c) TO IMMEDIATELY TRANSMIT TO THE COURT OF CRIMINAL APPEALS.
A COPY OF THE APPLICATION FOR WRIT OF HABEAS CORPUS, ANY
ANSWERS FILED, NAD A CERTIFICATE RECITING THE DATE UPON WHICH
THAT IFNDING WAS MADE IF THE CONVICTING COURT DECIDES THAT
THERE ARE NO ISSUES TO BE RESOLVED, SILVIA PUBCHARA MAY BE
SERVED AT HER PLACE OF BUSINESS AT 12GREENWAY PLAZA SUITE
1100 HOUSTON TEXAS 77046
Pg.1
r~
D. VIOL~TION.QF ARTICLE 11.07 OF THE TRXAS rnnR OF CRTMINAT.
PROCEDURE.
THE RESPONDENT VIOLATED ARTTr~E-11.07 SErTTON 3(c) OF THE TRXAS
COD.E OF CRTMTNA L PROrRDURE BY FAIL TNG TO PROVIDR A COPY OF THE
APPLICATION FOR WRIT OF HABEAS CORPUS, ANY ANSWERS FILED, AND •.
CERTIFICATE RECITTNG THE DATE UPON WHICH THAT FINDING WAS MADE
TO THE COURT OF CRIMTNAL APPRAT.S WTTHJ:N THE TIME PERSCRTRED
BY LAW AND WITHIN A REASON8LE TIME FROM THE DATE ON WHICH THE
. ~·
DOCUMENTS WERE REOUESTRn TO BE TRANSMITTEn- REQUE~T FOR THE
TRANSMITTAL OF THE APPLICATION. FOR THE WRIT OF HAREM:; r.ORPUS
ANY ANSWERS FILED, AND A CERTIFICATE RECITING THE DATE UPON
WHICH THAT FINDIN(; WAS MIADE WERE MADE BY RRT.ATOR TO CHRTS DANIEL
DISTRICT CLERK, HARRIS COUNTY TEXAS BY U.S. POSTAL SERVICE
MAILED LETTERS DATED MAY 12,2014 & MARCH 3rd.2015, PURSUANT.
TO ART I CAL 11. 07. SECTION 3 (c) OF THE·. CODE OF CRIMINAL PROrRDTTRE
TRUE AND ACCURATE COPIES OF THE ABOVE LETTERS ARR ATTACHED
HERETO AS E~HIBITS (A THROUGH E) AND ARE INCORPORATED BY
REFERANCE HEREIN OF ALL PURPOSE. TO DATE RELATOR HAS RECIEVED
NO RESPONSE FROM RESPONDENT REGARDIN(; RELATORS REQUEST FOR
TRANSMITTAL OF A COPY OF THE APPLICATION FOR _WRTT OF HABEAS
CORPUS, ANY ANSWERS FILED, AND A CERTIFICATE RRCITIN(; THE ``-~
DATE UPON WHICH THAT FINDTN(; WAS MADE TO THE COURT OF CRTMTNAL
APPEALS.
AS IS CLEAR FROM RELATORS LETTERS (SRE EXHIRITS A-E) RELATOR
HAS REPEATEDLY PUT RESPONDENT ON NOTICE THAT THE RELATOR
SEEKS THE TRANSMITTAL OF A COPY THE APPLICATTON FOR WRIT OF
HABEAS CORPUS· ANY AN~WERS FTLED ANn A CERTTFICAT~ RECITTNG
THE DATE ON WHICH THAT FINDING WAS MADE TO THE ronRT OF CRIMINAT.
APPEA T.S AND TR AT . SUCH RECORDS ARE REOUIRRn BY TRE COURT OF
CRIMINAL APPEALS TO ACT ON RELATORS WRIT OF HABEAS CORPTTS.
RELATOR HAS GONE WELL BRYOND ANY REOfJIREMENT OR OBLIGATIONS
IMPOSED UPON HIM BY THE TEXAS CODE OF CRIMINAL PROrEDTTRE, IN
CONTRAST TO RELATORS EFFORTS, RESPONDANT HAS WHOLLY FAILED
TO OCMPLY WITH THE TEXAS CODE' OF CRIMINAL PROCEDURE, ARTICLE
11.07 SECTION 3(c), IS ACTING IN BAD FAITH, AND HAS ALSO FAILED
TO AFFORD RELATOR THE PROFESSIONAL-AND COMMON COURTESY OF ANY
WRITTEN RESPONSES TO HIS CORRESPONDENCE AND REOTJEST. I
ARTICLE11.07 SECTION 3(c) CLEARLY STATES THAT (1) IF THE CON-
VICTING COURT DECIDES THAT THERE ARE NO SUCH ISSUES. THE CLERK
SHALL IMMEDIATELY TRANSMIT.(EMPHASIS ADDED) TO THE rOTTRT OF
CRIMINAL APPRA T.S A COPY OF TRE APPL I rATION ANY ANSWERS FTT.ED
AND A _CERTIFICATE RECITING THE DATE UPON WHICH THAT FINDING
WAS MADE. FAILURE OF THR COURT TO ACT WITHIN THE ALLOWED 20
````-````L-``````T``E-~U~H_A_ FINDIN(;. TEXAS CODE OF CRIMINAL
.c ~ROCEDURE. A:RTICLE--·11. 07' SECTION3 (c)
RESPONDENT IS IN VIOLATION
OF THIS PROCEDURE, MINISTERIAL DUTIES, AND THUS THE LAWS OF
THIS STATE.
"
Po-2
PRAYER FOR RELIEF IV.
WHEREFORE, PREMISES CONSIDERP.D, RELATOR RONNIE McKEE, PRO-SE
RESPECTF'fTLLY REOUEST A FTNDTNC:: THAT THE RESPONDENT DID NOT
TRANMIT DOCUMENTS TO.THE COURT OF CRTMINAL APPEALS WITHTN A
REASONBLE TTME AF'TP.R THE ADTE THP.Y WERE REQUESTED AND THAT
RELATOR BROUGHT THIS LTTIGATTON IN GOOD FAITH AND HAS SUB-
STANTIALLY PREVAILED. RELATOR PRAYS FOR AN ORDER DTRECTTNC::
RESPONDENT. TO TRANSMIT A COPY OF THE APPLTC:ATION FOR WRTT OF
HABEAS CORPUS, ANY ANSWERS FTLED, AND A CERTTF'ICATP. RP.C:TTTNC::
THE DATE UPON WHICH THAT FTNDTNC:: WAS MADE TO THE COURT OF
CRIMINAL APPEALS AS DTRECTEDIN ARTTC:LE 11.07 SEC:TTON 3(c)OF
THE TEXAS C:ODE OF CRIMINAL PROC:P.DIJRE AND AS RP.nUESTED IN
RELATORS LETTERS fEXHTBITS A T~ROUGH E).
RESPECTFULLY SUBMTTTED.
Pa.3
INMATES~DECLARATTnN
I RONNTE DWAYNE McKRR RETNC:: PRESR1\1TT.Y TNCARSERA'T'Rn TN THE
TEXAS DRPA R'T'MR1\1'T' 0~<' ('R TM (NAT. JUSTICE DECLARR UNDER PENALTY
OF PER.HTRY THA'T' AC"'C"'nRTHNC:: Tn MY BET.TEF THR FACTS STATEn IN
THE APPLICATTnN ARR TRUE ANn CORRRCT.
STC::NRn _
ON_x~ _!_111fk__ _:_ ___________ _
ATC-060 (Rev. 7)
Attachment 2
NOTICE
OFFENDER NOTARY PUBLIC SERVICE.
Under both Federal law (28 U.S.C § 1746) and State law (V.T.C.A. Civil Practice & Remedies
Code, §132.001-132.003), offenders incarcerated in Texas may use an unsworn declaration under
penalty of perjury in place of a written declaration, verification, certification, oath, or affidavit
sworn before a Notary Public.
1 .Bonoi{ fAvMfllt fv1Cf-ct- (insert off~r name .and IDCJ nu~ber), bei~g
presently incw=cl;ted in /J4[onn~ (msert TDCJ umt name), m
_ _ _ _..c.lm~._,_ _County, Texas, declare under penalty of perjury that the foregoing is true
and correct.
Executed on the /q day of dLi~· 20K_. II
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
NOTICEd:(. /~'-{lq yq
NOTARY PUBLIC SERVICE DENIAL
Regarding your request for Notary Public service, insufficient justification was provided
necessitating Notary However, you may proceed with an Unsworn Declaration.
(Signature -
re.fi;jf
(oa )
,}
l
i
• EXHIBIT A 1 of 3 Paqes
FILED
Chris Daniel
' Dfstrfct Clerk
--~
. JAN 2 1 2014
Cause No. 1366229-A nmo: \Bbti1:.'``~nty, rexa/
BY. . · ~. -\' i,.-··, /
0
EX PARTE § IN THE 33yth piSTRICT C 0~T~<\ __. . -
§ OF
'
'-J
!
RONNIE DWAYNE MCKEE, § HARRIS COUNTY, TEXAS
Applicant
STATE:S PROPOSED ORDER DESIGNATING ISSUES
AND FOR FILING AFFIDAVIT
. Having considere-d the applic<=!tion for writ of habeas corpus in the
above-captioned cause and the State's original answer, the Court finds that
the issue of whether -the applicant was denied effective assistance of
~
counsel still needs to be resolved in the present case. Therefore, pursuant
.,
.· to Article 11..07, §3(d), this Court will resolve the above-cited issue and
then enter findings ·of fact.
To assfst the Court in resolving these factual issues, counsel Silvia
...
Pubchara is ORDERED to file an affidavit summarizir-)Q his actions as.
counsel for the applicant_ in the primary case, cause number 1366229, and
specifically responding to the following:
1. Please describe any pre-trial discovery or investigation· Pubchara did
into the applicant's case. If Pubchara's investigation or discovery was
limited in any way, please explain. Specifically, please state whether
Pubchara attempted to locate any videos of the incident in the instant
~case, and if not, why not. I
:(_--,_\
r
;
EXHIBIT A 2 of 3 Paoes
I - .. : J
V 2. ·Please summanze any advice Pubchara gave to the applicant I
concerning whether to go to trial or plead guilty. (Please include
whether Pubchara told th e applicant that "at this point, 25 years
aggravated would do you good.").
3. Please explain the $3,400.00 notation on the trial court's Case Reset
Form dated 02/05/13.
. I
4. Please describe the manner and the degree to which Pubchara
reviewed the plea papers and admonishments .with the applicant;· if
i . . .
Pubchara does not have an independent recollection of the event,
please state what Pubchara's usual and customary practice was, and
also state whether Pubchara has any reason to believe that Pubchara
V" -~ from that practice in this particular case.
5. Please state whether Pubchara believes that the applicant fully
understood the range of punishment and consequences of his plea.
6. Please state whether Pubchara believes the applicant's plea was
knowingly and voluntarily entered.
The applicant's trial counsel Silvia Pubchara is ordered to file said
affidavit with the Post-Conviction VVrit Division of the District Clerk's Office,
\
1201 Franklin, Third Floor, Houston, Texas 77002, within TWENTY DAYS
of the signing of this Order.
2
\
J
.· .If' • ··~
EXHIBIT A 3 of 3 Paqes
, .. '.,. f .
• • I
f
The Clerk of the Court is ORDERED to send a copy o.f this· Order to
the applicant and to the State, and to serve copies of this Order and the
application to:
Ms. Silvia Pubchara
12 Greenway Plaza, Suite 1100
Houston, Texas 77046
When the affidavit of Silvia Pubchara is received, the Clerk is
ORDERED to send a copy of said .affidavit to the applicant, Ronnie McKee,
#1841949- Wynne Unit, .810 F.M. 2821, Huntsville, Texas 77349; and a
copy to Counsel for the State, Assistant District Attorney Eva Flores, 1201
Franklin, Suite 600, Houston, Texas 77002. ·
The Clerk of the Court is ORDERED NOT to tra~smit at this time any
documents in the above-styled case to the Court of Criminal Appeals until
I
further ordered by this Court.
By the following signature, the Court adopts the State's Proposed
Order for Filing Affidavit in Cause Number 1366229-A.
Signed this d / day of ~JM:J-= '2014 .
. '• ; : ~.
. ``g~
. h .
PRESIDING JUDGE
. ·s· ......
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