Case Information
*1 RONALd Lee TRANAM RONyN TANNER GLENA
FILLED IN' COURT OF APPEALS HOUSTON, TX AUG 26, 2015 CHRISTOPHER A. PRINE, CLERK
FILLED IN' 14th COURT OF APPEALS HOUSTON TEXAS AUG 262015 CHRISTOPHER A. PRINE CLERK
MANNICH'S ORIGinal Application toe wKit of Mandamus To The Honorable Judge of said court: Sg. 15
CONES now, Ronald Lee TRANAN, Relator. Pro se in the Above-styled and numbered cause of action and files this Original Application for Writ of Mandamus, pursuant to Article II.07 Section 3(c) of the Texas Code of criminal Procedure, and would show the court the following: Relator Ronald Lee Trahan, TDES*30166, is an offender incarcerated in the Texas Department of Criminal Justice and is appearing Prose, who can be located at Robertson unit 12071 F.M. 3522 Jones county, Helene Texas P4601 Relator has exhausted his remedies and has no other adequate remedy at Law. The Act sought to be compelled is ministerial, not discretionary in nature. Tccp Act. II. 07 Section 3e) requires Respondent to immediately transmit to the Trial court a copy of the motion for DAN testing. Any Answers filed, and a certificate reciting the date upon which that tinding was made.
*2 If the convicting court decides that there are no issues to be resolved, no copy of the motion for DNA testing, any answers filed, and a certificate reciting the date upon which that finding was made have been transmitted to the Trial Court. Had such documents been transmitted to the Trial Court by Respondent as required by Statute, Relator would have received notice from the Trial Court. Respondent, Doryn Danner, Glenn in her capacity as District Clerk of Galveston County, Texas has a ministerial duty to received and the All papers in a Criminal proceeding, and perform All other duties imposed on the clerk by Law pursuant to Tccp Act. 221, and is responsible under Tccp II, 07 Sec. 3(c) to the Trial Court a copy for the mention of DNA testing any answers filed, and a certificate reciting the date upon which that finding was made if the convicting court decides that there are no issues to be resolved Doryn Danneeblenn
*3 District Clerk, Galveston county may be served at her place of Business at 400 59 "stheet suite 4001 Galveston, Texas 71551.
Maletion of Article 11.27 of The Texas Code of 141111111111111 procedure. The Respondent Visited Article 11.25 section 30.1 of the Texas code of criminal procedure by tailing to provide a copy of the mention for DVA testing, any answers tiled, and a certificate reciting the date upon which that finding was made to the trial court within the time prescribed by Law and within a reasonable time from the date on which the documents requested to be transmitted, requests for the transmittal of the mation for DVA testing, any answers filed, and a certificate reciting the date upon which that finding was made were made by Refator to Doxyn Danner Glenn, District Clerk, Galveston County, by certified mailed letters of 6/20/5 of 6/20/59; pursuant to Article 11.25 section 310 of the code of criminal
*4 Procedure, True and Accurate Copies of the Above letters are attached here to as Exhibits A 'though "D" and Ahe incorporated by reference herein for All purposes to date, Relator has received no response from Respondent regarding Relators request for temsariation of a copy of the mention for Driestesting, Any
*5 article II, o7 section dielearly states that "If the consisting court decides that there are no such issues, the clerk shall immediately transmit to the trial court any answers filled, and a certificate reciting the date upon which that trading was made, failure of the court to act with the allowed to days shall constitute such a trading" Texas code of Criminal Procedure Article II, o7 sec 30, Respondent is in violation of this procedure, ministerial dates, and thus the laws of this state. Prayer for Relief Whectare Premises Considered Relator, Ronald Lee Tainar, pro se, respectfully reруers a trading that the Respondent did not transmit documents to the trial court within a reasonable time after the date they were requested and that Relator brought this litigation,
*6 So good faith and her substan tially pkeywied Relator pangs for an Order directing Respondent to transmit copy of the motion for Dina testing, any answers filed and a certificate veciting the date upon which that finding was made to the trial court as directed in Article 11, 07 sec. 3(c) of the Texas code of Criminal Procedure and as requested in Relator's letters. Exhibits A through B. 3.
Respectfully, Submitted, B. 1
*7 The State of Texas County of Gortreston
Aftidavit I Swera under Doth that the facts and allegations in the Above Application for wait of mandamus me true and correct.
Ronald de Drabon Belotex Signed under oath before me, on this the day of 20
Nofary Public in not to the State of Texas Ronald Lee Tanton Celtificate of Service I hereby certify that a true copy of the above Application for wait of mandamus was sered on by placing a copy in the U.S. mail addressed to: on this the day of 20
RESPORCE
*8
cause No. 364166 Ronald Lee Thoren In The 212 Iudical 430166 DISTRICT COUTS V. Doryn Dannee Glenn Gottleston County, Texas Gottleston County District Sleek!
Order
on this day came on to be heard the foregoing Relator's Application for weit of Mandamus and it appears to the court that the same should be: G. Aanted
It is There time ordered that the Disteat sleek shall immediately transmit to the carr any answers that and a certificate reciting note upon which that tramsnithal was made signed on this the day of 20
Rea siding 7idy
*9 Exhicit A
*10 No. 36166 Ronald Lee Tarkant V.
The State of Texas
In The District Court 212th Yadinial District Galveston County, Texas Request for appointment of CouneL. Pue sumt To Article 64, Code of Criminal Procedure To The Honourable Judge of Said Court; comes now Defendant Ronald Lee Tarkan, TPCJ No. 301666, and requests Appointment of CouneL, to Assist Defendant in obtaining an Order, for DNA testing from the Court pursuant to Article 64, 044, code of Criminal Procedure, Defendant wishes to submit a Motion Pursuant to chapter by requesting DNA testing and Defendant is in Agent. An Affidavit of in dignory, is attached and incorporated hereto as Exhibit? Respectfully, Submitted. Ronald Dibden TOES-ID 301666 Texas Depoetment of Criminal Justice. Institutional Division Robertson unit 12071 YM 3522 Abilene, Texas 74601
*11 L. Roaldlee Tashon, do heedy Certity that a true and correct copy of the unit of mandamus have been forwarded to Doryn Dunne Glenn, Galveston County District Clerk At 600 59th Street Suite 4001 GAlveston Texas 71551. On this the day of August 2015 Donaldlee Tashon Defendant Prose. Ronald Lee Tashon 4201666 Robertson unit 12071 fm 3522 Abilene, Texas 71601
*12 CSINIB02/CINIB02 TEXAS DEPARTMENT OF CRIMINAL JUSTICE 08/17/15 RBS1/RBA2481 IN-FORMA-PAUFERIS DATA 09:27:09 TDCJ#: 00301666 SID#: 02659185 LOCATION: ROBERTSON INDIGENT DTE: 08/07/15 NAME: TRAHAN, RONALD LEE BESINNING PERIOD: 02/01/15 PREVIOUS TDCJ NUMBERS: CURRENT BAL: 0.56 TOT HOLD AMT: 0.003 MTH TOT DEP: 49.98 6MTH DEP: 64.98 6MTH AVG BAL: 5.58 6MTH AVG DEP: 10.83 MONTH HIGHEST BALANCE TOTAL DEPOSITS MONTH HIGHEST BALANCE TOTAL DEPOSITS 07/15 24.98 24.98 04/15 0.00 0.00 06/15 22.57 0.00 03/15 0.03 0.00 05/15 25.00 25.00 02/15 35.76 15.00 PROCESS DATE HOLD AMOUNT HOLD DESCRIPTION
*13 Exhibit B
Exhibit B
*14
Tute Smeb 62015
County of Galveston District Clerk
Doryn Dunnez Glenn 60059 Street Suite 4001 Galveston, Texas 77551 case Number: 09-81-1956 CMSG Mo 36illela Tank Clerk: Titled a motion for Consideration Requesting for appointment of counsel ifiesunt to Metidel 69, code of Criminal procedure and reggested appointment of counsel to assist Deterndant in obtaining an order for DVA testing from the court, testing on tingerhints. Please advise, me of the courts decision on this motion at the address below. your cooperation in this matter is very much abreciated. Sincerely, Ronald see Satian Ccble: Rondd Lee Tashant 30144 Robretton unit 18071 Fm 3522 Milese, TX. 79601
*15 Exhibit c
Exhibit c
*16 Zatonia D Wilson District Clerk 60059 St. ste 4001 Galveston, TX. 77551
Ronald Lee Trahan Robertson unit 12071 FM 3522 Abilene, TX 77601
June 20, 2015
Re: Ronald Lee Trahan CAUSE: 36,166 NO. 098119 CP
Dear clerk
Please Assistance me in this matter. I have filed a motion for the court to appointed counsel. In support of right to representation by counsel in the A bave styed and numbered, CAUSE 36,166. It is to assist me in obtaining an order for (Dm.) testing on fingerprints) from the court pursuant to Atiele (6401) (C) code of Cerminal procedure.
Yours Assistance in this matter is greatly appreciated.
Sincerely, Adi. 6
Cable:
*17
- Exhibit 9
*18
Dote June 6,205 County of Galveston District Cleak Dolyn Danneke Glenn Street Suite 4001 Galveston, Texas 77551 Cause No 36166 Dear Cleak: I filed a mition the Consideration. Requesting the appointment of Counsel pursuant to Article 64, Code of Criminal procedure as neglected appointment of counsel to assist letator on obtaining an Order for Don testing them the court. I am respectfully notiting you that I will seek a wait of mandamus consideration to my three letters concerning this matter. your Cooperation in this yantier is very much appreciated. Sincerely, Borsell see Mothes
Little
*19 Rutand see Terhan Raberfson unit 1207/4m 3522