Case Information
*1 ", cJlu.Jes..s~~o'~ o/,,f:5 _,\D 3 RECErVED IN COURT OF CRIMINAL APPEALS JUt 01 2il15 ,-----J~~J11£J~~~~~~--------~Ab~e~IA~co~s~m~.C~Ie~rn~- ~-~ ...
*2 \· ·' IN 1'HE COURT OF CRUUNAL APPEALS
OF TEXAS RECEIVED IN FRANKLIN CARL JONES § § Relator COURT OF CRIMINAL APPEAL § vs. IN RE. 977894 § JUL 0 12U15
§
BELINDA J. HILL § §
IN HER OFFICIAL CAPACITY Abe! Acosta, Clerk Respondent § RELATOR'S APPLICATION FOR WRI'r OF f1ANDAMUS TO THE HONORABLE JUDGE OF SAID COURT
COMES NOW, Franklin Carl Jones, Relator, Pro, se1 in the above styled and numbered cause of action and files his Relator's Application of Writ of Mandamus, pursuant to Rule 52.08 Section (c) of TRAP, and will show the Court the following: I.
RELATOR 1.01 Franklin Carl Jones, TDCJ #1224452 1s an offender incarcerated in the Texas DeparLment of Criminal Justice and is appearing Pro se, who can be located at the William G. McConnell Unit, Bee County, Texas 78102.
l. 02· Relator has exhausted his reme.dies and has no other adequately remedy at law. I f the court determines that ;:Relator is inti tled to relief it must make an appropriate order. The Court may grant relief without hearing oral argument.
1. 03 The act soughL.tO be compelled is ministerial, not disc~etionary in nature. ·rRAP Rule 52.8(c) requires Respondent to immediately transmit to the Court of 185th a completecopy of his Writ of Habeas Corpus under newly discover evidence to hold a competency hearing where the State and Court appointed counsel failed to order a competeucy hearing for the Relator (Franklin Carl Jones).
\I ·' II. RESPONDENT
2.01 Respondent Belinda J. Hill, in her capacity as First Assistant District Attorney(of Harris County, Texas has a ministerial Duty to turnover The Relator's 11.07 Writ of Habeas Corpus, Memorandum of Law and all his Exhibits A,B,C to the Court of the 185th District Court according to the State Bar Artiles of V.T.C.A. ~ov't. Code Title 2,, Subtitle 6, Appendix Article 10, Section 9, Code Professional Responsibility. Disciplinarv RUle 9-102(3) (4) as applied in Resolution Trust Corp. V.P.C., 128 F.R.D. 647, "underTexas Law entire Writ of 11.07 Habeas Corpus and all attachment must be forward to the 185th District Court".
III. VIOLATION OF STATE BAR ARTICLES OF V.T.C.A. GOV'T CODE TITLE 2 SUBTITLE 6, APPENDIX ARTICLE 10 SEC. 9 CODE PROFESSIONAL RESPONSIBILI'rY
DISCIPLINARY RULE 9-102(3)(4j 3.01 On f\1arch 9, 2015, the Relator accidently filed an ll.U7 Writ of Habeas Corpus, Memorandum of Law and Exhibits A/B,C to First Assistant District Attorney Belinda J. Hill, alleging that he was denied a Competency Hearing under newly discovered evidence. Saia writ and documents was filed on March 9, 2015, and was recieved by the District Attorney on the 11th or 12th of March 2015. The Relator has requested the Respondent to transmit his 11.07 Writ of Habeas Corpus, Memorandum of Law and all Exhibits to tbe Trial Court of 185th District:<lo.urit to no avail.
3.02 In his haste to mail out his 11.07 Writ<bf Habeas Corpus. ·He addressed it to the First Assistant District Attorney, Belinda J. Hill, instead of the Clerk of Courtroom l85th.
3.03 Relator knows that it is not their job to correct his error, but he has repectfully asked them to forward his 11.07 Writ of Habeas Corpus to the proper court, which is the 185th District Court, so that the Appeal
2.
'_,i process may be speeded up instead of delayed.
3.04 On April 30, 2015, approximately 38 day~ later. Ms. Hill has failed to respond to my first letter nor has she responded to my certified letter, which was mailed out on Maret! 26, 2015.
3.05 As of this date, April 30, 2015, over 30 ~omething dyas later, Assistant District Attorney Belinda J. Hill, has yet to coffi2l_ywith Art. 11.07 Sec 3(c).
3.06 To date, Retalor has recieved no response from Respondent regarding Relator's~request for transmittal of a copy of the 11.07 Writ of HAbeas Corpu~, Memorandum of Law and Exhibits A,B,C to the Clerk of Courtrbom l85th, any answer filed and documents reciting the date upon which that finding was made.
3.07 As it is clear from Relator;s letters, Relator has repeatedly put Respondent on notice that=Relator seeks the transmittal of copy of the 11.07 Writ of Habeas Corpus, Memorandum of Law and Exhibits A,B,C any answeres filed and documents reciting the date upon which that finding was made and that such records are required by the "Laws and Rules" to act on Relator•s Writ of Mandamus. Relator has gone well byond any requirement or obligations imposed upon him by the State:"Bar of Texas. In contrast to Relator's efforts, Respondent has wholly failed to comply with the Art. 10, Sec. 9 Code Professional Responsibility, Disciplinary Rule 9-102(3)(4). The Respondent, is acting in bad faith~ and has also failed to afford Relator the ·?rofe~sional and common courtesy of any written responses to his correspondence and request.
3.08 The Assistant District Attorney, Balinda J. Hill shall immediately transmit to the Clerk of Courtroom 135th a complete copy of the 11.07 Writ Habeas Corpus, f1emorandum of Law and all Exhibits A,B,C, any answers filed
3. *5 and documents reciting the date upon wich that finding was made. Failure of the ~irst Assistant District Attorney (Belinde J. Hill) to act within the allowed 20 Clays shall constitute such a finding. Respondent is in violation ot this procedure, ministerial duties, and thus the laws of this State.
Relator respectfully requesting tr1at she promptly forward the ab:)Ve material to the Clerk of Courtroom 185th. Failure to promptly honor Relator's request will compel him to pursue a "Civil Suit" as well as bring this matter to the attention of the State Bar ot Texas Committees.
I thank you tor your assistance.
IV.
PRAYER FOl{ RELIEF WHEREFORE PREMISES CONSIDERED, Franklin Carl Jones, Relator, Pro se respectfully request this Honorable Court to enter an order compelling the First Assistant District Attorney, Belinda J. Hill to immediately transmit to the District Court 185th a copy of Applicant's Habeas Corpus, Memorandam of Law and Exhibit. A,B,c, .. any answers filed and a certified citing of the date such was made. The Respondent did not transmit documents nor the 11.07 Writ of Habeas Corpus, Memorandum of Law and Exhibits A,B,C, within a reasonable time after the day they were requested and that Relator bring this litigation in good faith and substantially prevailed. Relator pr?ys for an order directing Respondent to transmit a complete copy of the above documents to the Clerk of Courtroom l85th, any answer tiled, an~ documents reciting the date upon wrrrch that finding was made to the Court Clerk of 185th as directed in Article 10, Sec. 9, Code Professional Respons1bility, Disciplinary Rule 9-102(3)(4) as apllied in Resolution Trust Corp. V.P.C., 128 F.R.D. 647, an as requested in Relator's letters (Exhibits A through C).
4.
Respectfully submitted, *6 Franklin Carl Jones #1224452 CVicConnell Unit 3001 S. Emily Dr.
Beeville, Tx 78102 THE STATE OF TEXAS
COUNTY OF BEE
AFFIDAVIT I swear under oath that the facts anj allegation in the above APPLICATION FOR WRIT OF MANDAMUS are true and correct.
INMATE'S DECLARATION I, Franklin Carl Jones, am the Applicant and being presently incarcerated at the William G. McConnell Unit in Beeville, Texas, declare under penalty of perjury that according to my belief, the facts stated in the above application are true and correct.
SIGNED ON this the~ day of ~ '2015.
~M~
Applicant CERTIFICATE OF SE~VICE
I hereby certify that a ture copy of the above APPLICATION ~~R WRIT OF· CViANDAMUS was served on:
First Assistant District Attorney
Belinda J. Hill
1201 Franklin St., Room 600
Houston, Texas 77002-1930
by p~~c~n;_a~true and correct copy in the U.S. Mail on the ~day of --~---~~~~~~~~-----' 2015.
~/~ p1 Relator · 5.
. ~)
I ...
Exhiloi+-A *7 · ..
··-. ......... ''· i:,OJ{\RCH 25 I 2015 *8 JUDICIAL NOTICE
RE: Writ of Habeas Corpusi M~morandum.of Law, Exhi~its A,B,C Dea~ Ms. Belindcl Hill,
With all doe respect, in my haste to mail out my ll.Q7 writ o£ habeaG cor~us, I miscakingly sent it oto ihe District Attorn~y's Office instea~dof to the Clerk of Courtroom 185th. I kr1Qw that it i~ not tour jOb to correct my error, but I am ~espectfully , ;I askin9 l.ou to fono~ard my 11.07 writ of itabe::~.s cor· pus to t:h(:: ~ro~~r court, which is the 185th District Court so that the A~p~al ~recess may bg spe~ up instead of delayed. It was- the llth or or 12th of March 2015 in 0hich fOU should have ceceivea it. I have already contRcted the District Clerk explairiing the I matter.
Thank you tor your assistance in this im~ortant oattec and thank you for taking out the time to corr0ct this error.
Respectfullly Submitted, .l''ra.nklin Jon~)S T. D.C. ffl224452 3001 Sth Emily Dr. Baeville,Tx.78102 !11CCONNELL UNI'l" C.C./File
IT" 1" n.J rn Certified Fee .-'1 CJ ·o CJ CJ ._[] .:::r rn
n.J .-'1 CJ 1"-
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CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK Direct Dial Line: *12 3/27/2015
Mr. Franklin Carl Jones
#1224452/McConnell Unit
3001 S. Emily Dr.
Beeville, Texas 78102
Memorandum response to correspondence received: 03/26/15
Re: Cause No(s) 0977894.
Dear Mr. Jones,
1:8] Your motion/request Writ of Habeas Corpus was filed with the District Clerk and on
03/26/15 the Court: 0 Denied your Motion/Request 0 Granted your motion/request
~ Took no action 0 0 Advised attorney of record Took action ~ Other
0 Our records reflect your jail time credit to be: Sentence to begin date: __ .
0 Contact TDC records for further information.
0 Requests for certified copies:
0 Please include full name, date of birth, and/or cause number.
0 Copies must be ordered by document name for correspondence to determine how many pages, to be able to
quote a price. The fee for certified or un..:ertifiecl copies is $1.00 !)er !)llge. All requ~sts m!tst include a self addressed, stamped envelope If the cause number is not known, there will.be a record search fee of $5.00. 1:8] Other:_ This clerk contacted the Assistant DistriCt Attorney's Office for Court 185 and was
advised that a Writ from Franklin Jones has not come across her desk. Furthermore, she advises if one should be mailed by mistake to the ADA for the 185th it would be forwarded to the Harris Cpunty District Clerks's Post Conviction Writs Department.
By: T. Czepinski
Clerk in the 185 District Court
P,O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (713) 755-5749 ' ~\t ' .
' ' ll "
CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK Direct Dial Line: *14 4/22/2015
Mr. Franklin Carl Jones
#1224452/McConnell Unit
3001 S. Emily Drive
Beeville, Texas 78102
Memorandum response to correspondence received: 04/2112015
Re: Cause No(s) 0977894.
Dear Mr. Jones,
[gj Your motion/request TO COMPEL was filed with the District Clerk and on 04/2112015 the
Court:
0 Took no action D Granted your motion/request ~ Denied your Motion/Request D Took action D Advised attorney of record ~ Other
0 Our records reflect your jail time credit to be: Sentence to begin date: __ .
0 Contact TDC records for further information.
0 Requests for certified copies:
D Please include full name, date of birth, and/or cause number.
D Copies must be ordered by document name for correspondence to determine how many pages, to be able to
quote a price. The fee for certified or uncertified copies is $1.00 per page. All requests must include a self addressed, stamped envelope- If the cause number is not known, there will be a record search fee of $5.00. [gj Other: Please see the enclosed Certified Copy of the Court's Ruling.
By: T. Czepinski
Clerk in the 185 Distri
P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (713) 755-5749 \ ... E::< PARTE: Fi<.ANKLIN CARr. .. 101\lP~ Tl\1 'T'RP. lASt-h llTS'T'RTC"l' ('nflR'T' F 1r L v r·.~~\ OF HARRIS COUNTY, 1l .i£3..4 iJ Chris Daniel
District Clerk -APR 2 1 2015 CAUSE NO. 977894 *15 Time: -~:--::----- >?''~/~ 0~('[, Applicant's Motion to Compel! ,, ~ J..,j "'h To The Honorable Judge Susan Br9wn Fran]clin Carl Jone;:;, Applicant pro se, moves to this court for~ ( 7 0..
an order
Hill, to
CriminaL
answer filed and a certificate reciting the date upon whi such finding was mad~. in support thereof Applicant wo~l~· .~.; ·; ... the court the following: : ...• · 1). Applicant filed an application for Writ of Habe~s;Corpus \ alleging that he was denied .. a Competency Hearing und~r pewly discovered evidence. Said w~ it was filed on March 9.;, 2b{~:r;·,~nd -· ···: ··'·\;_'· ·, was received the District Attorney on the ll th or l2tt;it-i>.:t·:·~.;:t;rd;h . ·.~ =:~·i;;;;~;;·J.·~_;:~;: .. ::-;·_;;· -.. ~ 2015.
2). In my haste to mail out my 11.07 writ of Habeas Corpus, I addressed it to the District Attorney instead of teh Clerk of Courtroom l85th.
3). I know that it is not their job to correct my··erro:L 'but· I had respectfully asked them to forward my 11.07 writ of Habeas Corpus to the proper court, which was the l85th District Court so that the Appeal process may be speeded up instead of delayed.
4). On April 15,2015, approximately (l) month later, Ms. Hill has failed to respond to my first letter nor ~as she responded to my certified letter, which was mailed out cOh.:::·M~r·ch. 26,2015. ~- ~-··:.;·.: .. \ .... : ... ,~: ':' '; :-: · .. ~:':~ .....
5). As of this date, April 15,2015, 30 daysf.·l'a-t'er, Assfstant District Attorney, Belinda J. HilL has y~::£-.~:·i~ '··~·om~:ly· .. ~:f~h Art. . ;.:- ...
11.07 Sec. 3(c). ~ . j Wherefore, the Applicant request this Ho'·~,pr.aqle··c<?u'rt to enter ' ) < an order compelling the Assistant District ~t~d~ney, B~linda t. 0 L l'i e; u i .s t r i c t Co u r t 18 5 t h t o i m me d i a L E: l y t r e:w.s i<l .L t.
J . H i 11 , a copy of Applicant's Habeas Corpus, any answer filed and a certified citing of the date such was made.
.-I. j' ~ . ~ *16 Depu~;