in Re Michael Lynn Eaton
12-15-00118-CR
| Tex. App. | Nov 22, 2016Background
- Relator Michael Lynn Eaton (convicted in cause no. 15074) sought clerk’s and reporter’s records to prepare an Article 11.07 postconviction habeas application.
- Eaton repeatedly requested page/cost estimates and proposed three payment options: free personal copy, loaned copy, or $0.10 per page; the court reporter quoted $2,000 and the district clerk did not respond.
- Eaton filed a mandamus petition naming the 115th District Court judge, the district clerk, and the official court reporter seeking orders to provide the records under one of his proposed options.
- Eaton submitted an affidavit of indigence but did not provide a certified record appendix showing written objections to the reporter’s fee or request documents sent to the trial court.
- The Court of Appeals examined mandamus prerequisites: mandamus in criminal cases requires no adequate remedy at law, a ministerial duty by the respondent, and a record supporting factual assertions.
- The Court dismissed Eaton’s claims against the clerk and reporter for lack of mandamus jurisdiction and denied relief as to the trial court judge for failure to show a ministerial duty or supply the required record.
Issues
| Issue | Plaintiff's Argument (Eaton) | Defendant's Argument | Held |
|---|---|---|---|
| Does the court have mandamus jurisdiction over the district clerk and court reporter? | Eaton sought mandamus to compel clerk and reporter to provide records under his options. | Clerk and reporter are not judges; mandamus to them is outside court of appeals’ authority. | Dismissed for lack of jurisdiction as to the clerk and reporter. |
| Is the trial court required to order the court reporter to accept Eaton’s proposed fee options or provide a free transcript to an indigent applicant? | Eaton asserted indigence entitles him to a free transcription for postconviction proceedings and asked court to compel one of his options. | Section 52.047 vests fee reasonableness determination in the trial court; requestor cannot unilaterally limit fee. | Denied: trial court had no ministerial duty to adopt Eaton’s fee options; Eaton had not shown he objected to reporter’s fee. |
| Must the district clerk provide a clerk’s record for habeas without payment or a showing of need? | Eaton argued he needed clerk’s records for habeas and proposed payment options. | Clerks must inform confined persons of costs, but indigent applicants obtain free clerk’s records for habeas only upon showing nonfrivolous claims and specific need. | Denied/dismissed: Eaton did not allege the required showing; no ministerial duty to accept his options. |
| Did Eaton meet mandamus procedural prerequisites (record and ministerial duty)? | Eaton relied on petition and asserted indigence; listed documents he sent but did not append certified copies. | Mandamus requires certified copies of material documents to establish right to relief and show ministerial duty. | Denied: Eaton failed to supply required record and did not establish a ministerial duty or abuse of discretion by the trial court. |
Key Cases Cited
- State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207 (Tex. Crim. App. 2007) (mandamus standard in criminal cases: no adequate remedy at law and ministerial duty)
- In re Bonilla, 424 S.W.3d 528 (Tex. Crim. App. 2014) (district clerk must provide confined person cost information for obtaining transcripts)
- Ex parte Rodriguez, 466 S.W.3d 846 (Tex. Crim. App. 2015) (habeas corpus is a collateral attack, not an appeal)
- In re Coronado, 980 S.W.2d 691 (Tex. App.—San Antonio 1998) (free clerk’s record for habeas requires nonfrivolous claim and specific need)
- In re Strickhausen, 994 S.W.2d 936 (Tex. App.—Houston [1st Dist.] 1999) (indigent defendant generally not entitled to free clerk’s record for postconviction habeas)