in Re Michael Lynn Eaton
12-15-00118-CR
Tex. App.—WacoMay 6, 2015Background
- Relator Michael Lynn Eaton, pro se, seeks a writ of mandamus from the Twelfth Court of Appeals to compel the 115th Judicial District Court, the Upshur County District Clerk (Carolyn Parrott), and the court reporter (Deanna Drennan) to provide copies of records and the plea‑hearing transcript for Cause No. 15074 so he can file an art. 11.07 habeas appeal.
- Eaton alleges repeated requests beginning in 2012 for page counts, cost estimates, and transcripts; the clerk and reporter either failed to respond or gave incomplete information, and no hearing was held on his motions.
- Eaton submitted an affidavit of indigence (in forma pauperis) and contends the clerk did not timely forward that status to the reporter; the reporter provided an estimated $2,000 cost without page counts.
- Eaton offered three options to obtain the record: a free personal copy, a loaned copy, or reduced copies at $0.10 per page; he contends these alternatives satisfy TRAP Rule 20 and statutory requirements for indigent defendants.
- Eaton asserts his indigence was not contested and that denial of the record obstructs his constitutional right to appellate review; he requests the appellate court to order the trial court, clerk, and reporter to select one of his proposed methods and deliver the materials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Eaton is entitled to an appellate record/transcript without advance payment after filing in forma pauperis | Eaton: He filed TRAP Rule 20 in forma pauperis; indigence not contested; thus entitled to free record/transcript | Clerk/Reporter: (Record contains no formal contest; their position is nonresponse/quoted cost) | Relief sought by Eaton via mandamus; no final ruling in the record provided |
| Whether the district clerk/reporter timely complied with statutory and TRAP obligations to produce transcript | Eaton: They failed to provide page counts, cost breakdowns, or timely produce transcript within statutory periods | Clerk/Reporter: (No responsive justification in record) | Alleged failure to comply; disposition not included in this filing |
| Whether mandamus is appropriate to compel ministerial act of producing the record | Eaton: Mandamus warranted because no adequate remedy at law and respondents are refusing ministerial duties | Respondents: (No recorded opposition; presumed denial/inaction) | Eaton requests mandamus; appellate court decision not included here |
| Whether proposed alternative methods (free copy, loaned copy, reduced fee) are acceptable means to satisfy record production obligations | Eaton: Alternatives are reasonable and would allow appeal despite indigence | Respondents: (No stated acceptance) | Court outcome not in this application; Eaton urges court to order one option be chosen |
Key Cases Cited
- Hornoby v. State, 65 S.W.3d 801 (Tex. Crim. App. 2001) (indigence and right to appellate record)
- Rofatridge v. State, 309 S.W.3d 1 (Tex. Crim. App. 2010) (procedures relating to providing reporter's record)
- Scott v. State, 60 S.W.3d 184 (Tex. App. 2001) (indigent defendant entitled to free appellate record on first appeal)
- Spariman v. State, 55 S.W.3d 625 (Tex. App. 2001) (trial court authority to hold hearing on application for free reporter's record)
- Lawson v. State, 696 S.W.2d 828 (Tex. App. 1985) (indigent defendant's entitlement to transcripts for effective appellate review)
- Armour v. State, 606 S.W.2d 891 (Tex. Crim. App. 1980) (transcript access in indigency context)
- White v. State, 828 S.W.2d 15 (Tex. App. 1992) (application of federal precedent on transcript necessity)
- Dallas County v. Sweltser, 881 S.W.2d 757 (Tex. App. 1994) (access to courts and county obligations)
- In re Lee Children, 36 S.W.3d 702 (Tex. App. 2001) (effect of indigence affidavit on fee obligations)
