in Re Michael Lynn Eaton

May 22, 2015
FILED IN COURTOF APPEALS
1SthCpurt of Appeals District
Katrina McClenny
Chief Deputy Clerk
12th Court of Appeals
1517 W. Front Street, Suite 354
Tyler, Texas 75702
CATHY S. LUSK,
RE: Case No. 12-15-00118-CR"Application for Writ ofMAf
of MANDAMUS
STYLE: Michael Lynn Eaton v. 115th Dist. Court of Upshur County
From Trial Cause No. 15074
Dear Court Clerk:
Enclosed please find the information you requested from me to supplement my
"Application for Writ of MANDAMUS" :
Table of Contents, pursuant to TRAP 52.3(b) (lpage) (pg.# i)
Index of Authorities, pursuant to TRAP 52.3(c) (lpage) (pg.# ii)
- Appendix, pursuant to TRAP 52.3(k) (lpage) (pg.# x)
- Designation of the Record, pursuant to TRAP 52.7 : please find Relators
"Motion Requesting Designation of the Record" (lpage)
Relator has also included a "Statement of the Case" in the Appendix (pg.# x)
In an exercise of caution, Relator wishes to state clearly that he is pursuing
the Application for Writ of Mandamus" to obtain records and transcripts from
the Trial Court so he can prepare and file an Appeal under §11.07 Code of Criminal
Proceedure, and that this Application is NOT his Appeal, but a request for
to^rSv'liffie Relafo^HBn1 Se^s^FfiiS^rPrecorSi^n^ianlcKpS?086 & mSth°d
Should you have any questions or need further information from me, please do
not hesitate to contact me. I thank you in advance for your time and considerations.
Respectfully,
Michael Lynn Eaton
CERTIFICATE OF SERVICE
I, Michael Lynn Eaton, do hereby certify that I placed the original and/or
copies of the information and documents listed above into a proper wrapper and
affixed sufficient pre-paid US first class postage to same, and did address same
to the parties listed below and placed same into the available mailing system
on this the881 S.W.2d 757 (App. 5 1994) 3
Griffin v. Illinois, 76 Set. 585 3
Hornsby v. State, 65 S.W.3d 801 (Tx. 2001) 3
In Re Lee Children, 36 S.W.3d 702 (App. 10 2001) 3
Lawson v. State, 896 S.W.2d 828 (App. 13 1995) 3
McFatridge v. State, 309 S.W.3d 1 (TCA 2010) 3
Sparkman v. State, 55 S.W.3d 625 3
Turner v. State 71 S.W.3d 928 (App. 10 2001) 3
White v. State, 828 S.W.2d 15 (App. 8 1990) 3
TEXAS RULES OF APPELLATE PROCEEDURE
TRAP RULE 20 2,3
trap rule 20.2 3
TRAP RULE 40(a)(3) - (See 40.2) 3
TRAP RULE 53(j) 3
TEXAS CONSTITUTION
1 § 13
UNITED STATES CONSTITUTION
U.S.C.A. AMEND. 1
11
CASE NO. 12-15-00118-CR
APPENDIX
TRAP RULE 20.2 :
..."An Appellant who is unable to pa7y for the Appellate Record may, by
motion and affidavit, ask the trial court to have the appellate record furnished
without charge. If after hearing the motion the court finds that the appellant
cannot pay or give security for the appellate record, the court MUST order
the reporter to transcribe the proceedings..." ..."the reporter MUST be paid
from the central funds of the County in which the offense was committed, in
the amount set by the trial court..."
SPECIAL NOTATION
"Due to Relators lack of resources and having no access to photo copying-
machines, fax machines, or any electronic or physical means in which to make and
attach the documents which he has filed with the Trial court without sending the
originals (his only copy), Relator designates all of his filings (see: II - of
Relators Application for Writ of Mandamus, pgs 1-2, (.1,33)- which are all on file
with the District Clerk of tb_ 115th District Court of Upshur County. Relator
attaches his "motion to designate the reocrd on Appeal" pursuant to TRAP Rule 34.1
ATTACHMENTS: - 1 : "Motion Requesting Designation of the Reocrd" (1 page)
STATEMENT OF THE CASE
Relator, Michael Lynn Eaton, files this "Application for Writ of mandamus"
because the Respondents have failed to adhere to TRAP 20 (20.1 & 20.2) to provide
Relator with a copy of his Court Records and Transcripts, where such documents
are necessary for him to prepare and file an Appeal pursuant to §11.07 Code
of Criminal Procedure. Respondents have failed to hold a hearing on his Motions
filed on 7-8-2013 and 1-8-2015 in direct violation of TRAP 20.2; failed to
hold a hearing on his mandamus filed 12-13-2013 in the trial court; and have
failed to choose one of three methods to provide Relator with the copies he has
been requesting now for over 2\ years, in blatent violation of Relators rights
under the US and Texas Constitutions.