Bonilla, Rosali
2014 Tex. Crim. App. LEXIS 277
| Tex. Crim. App. | 2014Background
- Relator is an imprisoned inmate seeking information on the cost to obtain trial and appellate transcripts for habeas corpus preparation.
- District Clerk declined the information under Section 552.028 and its SOP, which withholds such information from inmates or their agents unless the agent is an attorney.
- Relator sent a July 2013 request reiterating the purpose to pay and prepare a habeas corpus application; clerk again refused.
- Relator filed a mandamus motion in this Court; the case was abated to obtain a response, during which the clerk eventually provided the cost amount ($456.25).
- Court held the district clerk’s denial violated the prisoner’s constitutional right to access the courts, but dismissed the mandamus as moot because relief was provided during abatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of cost information violates access to courts. | Bonilla—rights to access the courts must not be blocked. | District Clerk—per Section 552.028, may deny information to inmates or their agents. | Yes; denial violated access to courts. |
| Whether Section 552.028 authorizes the denial in this context. | Rights-based arguments override statutory denial. | Section 552.028 permits withholding; applies to inmate or agent. | Statutory denial cannot override the constitutional right to access courts in this context. |
| Whether mandamus relief is appropriate given mootness. | Relator has no adequate remedy and ministerial duty exists. | Relief moot since information eventually provided. | Relief moot; petition dismissed as moot. |
Key Cases Cited
- Bounds v. Smith, 430 U.S. 817 (U.S. 1977) (right to access courts; adequate provision for legal materials and assistance)
- Johnson v. Avery, 393 U.S. 483 (U.S. 1969) (jailhouse lawyers and access to courts for indigent prisoners)
- Ex parte Hull, 312 U.S. 546 (U.S. 1941) (origination of habeas corpus rights for prisoners)
- Burns v. Ohio, 360 U.S. 252 (U.S. 1959) (indigents must be allowed to file appeals and petitions without fees)
- Weeks v. Weeks, 391 S.W.3d 117 (Tex. Crim. App. 2013) (mandamus standard for ministerial act and lack of adequate remedy at law)