Gonzales, Alejandro Farias
WR-77,198-06
Tex. App.Mar 30, 2015Background
- Alejandro Faris Gonzales petitions the Texas Supreme Court for a Writ of Mandamus under Tex. Govt. Code §22.221 seeking to compel court clerks and judges to file and adjudicate his habeas corpus/mandamus filings.
- Relator accuses Abel Acosta (TCCA Clerk) and trial court personnel of refusing to file, docket, or properly process Relator's documents and arguments.
- Relator alleges trial court lacks subject-matter jurisdiction and that indictments are void, asserting violations of the U.S. and Texas constitutions.
- Relator argues the appellate clerks’ advisements (including a so-called white card) are improper, unsigned, or non-authenticated, and thus void for purposes of mandamus review.
- Relator asserts procedural deficiencies in lower courts prevented access to relief, violating his First, Fourth/Fifth/Fourteenth Amendment rights and due process.
- Relator seeks extraordinary relief to force the trial court and Court of Criminal Appeals to consider his grounds and to provide access to relevant records and remedies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clerks/judges improperly denied access to relief | Gonzales argues denial violated rights to petition and due process. | Acosta and respondents contend proper procedures were followed or untimely filings preclude relief. | Mandamus relief available only if clear legal right shown; court determines procedural posture governs relief |
| Whether trial court lacked jurisdiction due to void indictments | Relator claims void true bills and fraudulent indictments void the judgment. | Respondents dispute voidness or argue jurisdiction was properly invoked by the record. | Subject-matter jurisdiction cannot be presumed; void indictments render jurisdiction void |
| Whether Texas Rule and statutory mandamus standards authorize relief here | Relator contends rules and statutes support mandamus to compel filing and consideration. | Respondents argue discretionary/supervisory relief limitations apply and relief may be improper. | Relief depends on clear legal right and mandatory duties; discretionary relief requires proper basis |
| Whether the white card advisement and related process void the denial | White card advisement lacks signatures and fails to show merits; improper denial cannot bind outcome. | Respondents maintain advisement serves as notice of denial; merits not necessary for mandamus review. | A judgment or denial must be properly issued with reasons; unsigned card undermines validity |
| Whether lower courts’ handling violated constitutional due process and access to courts | Relator asserts denial of access to courts for constitutional rights claims and redress. | Respondents contend adequate process and compliance with procedures occurred or that issues are non-justiciable at this stage. | Due process requires meaningful access to courts; impediments to filing may warrant supervisory relief |
Key Cases Cited
- DeLeon v. District Clerk, Lynn County, 187 S.W.3d 473 (Tex.Cr.App.2006) (clear legal right requires explicit duty described on record)
- Walker v. Packer, 827 S.W.2d 833 (Tex.1992) (jurisdiction and authority must be shown; lack of it voids proceedings)
- Dennis v. State, 647 S.W.2d 275 (Tex.Cr.App.1983) (instrument must state necessary elements of offense; jurisdictional defects cannot be waived)
- Miller v. Davis, 150 S.W.2d 973 (Tex.1942) (unconstitutional acts cannot be treated as law)
