Case Information
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RECEIVED IN The Court of Appeals Sixth District
MAY 222015
Texarkana, Texas
Debra Autrey, Clerk
Court of Appeals
Sixth Court of Appeals Bi-State Justice Bldg. 100 N. State Line Ave. #20 Texarkana, Texas 75501-5952
FILED IN
The Court of Appeals Sixth District
MAY 222015 Texarkana, Texas Debra K. Autrey, Clerk
Leave to File Writ of Mandamus
Mark Eugene Engle v.
The State of Texas Trial Case No. 29110
Honorable Judge Beacom In the 354th District Court
Parties:
Mark Eugene Engle #1958430 Pro-Se Connally Unit 899 F.M. 632 Kennedy, TX 78119
Judge Beacom Of the 354 th District Court
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Table of Contents
Identity of The Parties ..... I Index of Authorities ..... 3 Statement of The Case ..... 4 Issue Presented with Argument ..... 5 Petition should be granted because Relator has Demonstrated that his motion has been filed or brought to the attention of the Trial Court, or on the alternative is it an abuse of discretion for the trial Judge not to rule on a timely filed motion. Conclusion and Prayer ..... 6 Certificate of Service ..... 6 Exhibit A Attached ..... 7
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Index of Authorities
Canadian Helicopters Ltd v Witting, 876 S.W.2d 304,305 (Texas 1994) Johnson v Fourth Court of Appeals 700 S.W.2d 916,917 (Texas 1985) Stoner v Massey, 586 S.W.2d 843,846 (Texas 1979) In re Villareal, 96 S.W.3d 708,710-711 (T&;x.App. Ammarillo 2003)
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On January 20th 2015 relator sent a notion to add additional designation issue to Judge Beacon that would prove relator's actual innocence in regards to the invalid search warrant and affidavit for search warrant and orders from the examining trial. On Febuary 9th 2015 relator sent a motion To Return Property. On December 19th 2014 relator filed a motion Designation The Grand Jury Minutes. On April 20th 2015 relator sent by Certified Mail (see Exhibit "A", attached green card and receipt) motion to Show Cause and motion to Dismiss with Prejudice. The Honorable Judge has a duty to rule on an timely motion which is a Judicial Act. It is an abuse of Discretion not to act.
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Issue Presented
Is it an Abuse of Discretion for the Judge to not rule on a timely filed motion.
Facts
On December 19th 2014 relator sent a motion to the Judge for Designation of the Grandjury Minutes. See (C.R.Pg.136).0m January 20th 2015 relator sent a motion for Additional Deignation to prove his actual innocence on an invalid search warrant and affidavit of search warrant and orders from the examing trial. On Febuary 9th 2015 relator sent a motion to Return Property to the Judge. On March 9th 2015 he sent a motion Designation of record on an incomplete record. On April 20th 2015 he sent a motion to Show Cause to the Judge and a motion to Dismiss with Prejudice by Certified Mail see Exhibit "A" attached with Certified Mail Receipt.
Arguments
Standard of Review
Mandamus is an extraordinary remedy, available only in limited circumstances. Ca Adian HelicoptersLtd v Witting, 876 S.W.2d 304,305 (Texas 1994).
It is the Burden, of the relator to show entitlement to the relief being request ed. See Generally Johnson v Fourth Court of Appeals, 700 S.W.2d 916,917 (Texas 1985), (0 riginal Proceeding). In order to be entitled to relief, the relator must show the following: (1) a legal duty to perform; (2) a demand for performance; and (3) a refusal to act. See Stoner v Massey, 586 S.W.2d 843,846 (Texas 1979).
With the facts presented relator has shown that all motions are over (30) days with the attached Exhibit "A" attached green card Certified Receipt.
Relator's petition should be granted because relator has demostrated that his motion has been filed or brought to the attention of the trial court.
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The Burden is on the relator to show that the District Court knew of it's Duty to act and neglected to perform it. See: In re Villareal, 96 S.W.3d 708,710-711 (Tex.App Amarillo 2003) Relator has meet his Burden, he is entitled to relief. See: Stoner v Massey, 586 S.W.2d At846.
Conclusion and Prayer
Relator's petition should be Granted, he has demonstrated that the trial court has failed to act in a timely fashion.
Wherefore, premises considered. Relator Prays the Court Grants relator leave to file urit of Mandamus.
Respectfully Submitted, Mark Eugene Engle May 18th 2015
Certificate of Service
On this day the 18th of May 2015, relator sent this leave to file Mandamus to the 6th Court of Appeals of Texarkana Texas Clerk Debbie Autrey from the Connally Unit 899 F.M. 632, Kenedy Texas 78119 by first class mail.
Singerly Submitted, Mark Eugene Engle
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(1) Green Card Certified with Certified Receipt.
SENDER: COMPLETE THIS SECTION
- Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.
- Print your name and address on the reverse so that we can return the card to you.
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Attach this card to the back of the malipiece, or on the front if space permits.
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Article Addressed to:
Doina Meeks
Coart Administrative 3540 Distriet Court Hunk loundy Courthouse Greenville, TN 15401
- Article Number (Renater from service label) 7011 OIIO 000143657339 PS Form 3811, February 2004 Domestic Return Receipt