Case Information
*0 RECEIVED COURT OF CRIMINAL APPEALS 8/26/2015 ABEL ACOSTA, CLERK *1 WR-83,783-01,02 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/26/2015 8:45:18 AM Accepted 8/26/2015 8:59:23 AM ABEL ACOSTA NO. ______________________ CLERK IN THE COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS In Re: Thomas Allen Simon, Relator RELATOR’S MOTION FOR TEMPORARY RELIEF TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Relator, Thomas Allen Simon, respectfully presents this Motion for
Temporary Relief pursuant to T EX . R. A PP . P. 52.10. In support of his motion,
Relator would show the Court as follows:
1. Relator has, on August 25, 2015, filed a Petition for Writ of Mandamus
and for Writ of Prohibition with this Court seeking to vacate the order of
the trial court removing his appointed trial counsel.
2. Relator requests that this Court issue an order staying the underlying
proceedings in the court below.
3. Respondent has set the underlying case on the trial court’s docket on
August 27, 2015 for hearing on Relator’s pre-trial motions and on
September 14, 2015 for jury trial. As it stands, Tracy D. Cluck has been
removed as Relator’s attorney and has no right to represent Relator at the
pre-trial hearing or jury trial. Relator does not know whether this Court
can rule on this application before this hearing and/or the jury trial occur.
4. Any attempt by Respondent to force the underlying case to hearings or to
trial will interfere with this Court’s jurisdiction and will deprive Relator
of the right to have the impropriety of the challenged order removing
Tracy D. Cluck as his attorney determined before he is subjected to
hearings or trial hereunder.
5. Relator has no adequate remedy at law to redress the harm that he alleges
will ensue if the trial court forces the case to hearings or trial before this
court determines the propriety of the order removing his attorney.
6. For these reasons, Relator requests this Court to issue an order staying
the underlying proceedings.
WHEREFORE, PREMISES CONSIDERED, Relator respectfully requests
that the Court grant this motion for temporary relief and that the Court grant such
other and further relief to which Relator may show himself to be justly and
equitably entitled.
Respectfully submitted, /s/ Tracy D. Cluck ___________________________ TRACY D. CLUCK *3 Texas Bar No. 00787254 12600 Hill Country Blvd., Ste. R-275 Austin, Texas 78738 Tel: (512) 329-2615 Fax: (512) 329-2604 tracy@tracyclucklawyer.com L. T. “Butch” Bradt Texas Bar No. 02841600 14015 Southwest Freeway, Ste. 4 Sugar Land, Texas 77478 Tel: (281) 201-0700 Fax: (281) 201-1202 ltbradt@flash.net ATTORNEYS FOR RELATOR THOMAS ALLEN SIMON CERTIFICATE OF COMPLIANCE I hereby certify that I have, in compliance with Tex.R.App.P. 52.10, notified, or made diligent effort to notify, all parties by expedited means, by e-
mailing this motion to each on August 25, 2015, notifying the parties that a motion
for temporary relief has been, or will be, filed in this case.
/s/ Tracy D. Cluck TRACY D. CLUCK *4 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing document has
been served on the following parties, by e-mail, on August 25, 2015:
Honorable Evan Stubbs
424 th Judicial District Court
1701 E. Polk St., Ste. 74
Burnet, Texas 78611
424distjudge@gmail.com
Hon. Wiley B. “Sonny” McAfee
33 rd & 424 th Judicial District Attorney
Gary Bunyard, Asst. Dist. Atty.
1701 E. Polk St., Ste. 24
Burnet, Texas 78611
Wiley1450@yahoo.com
g.bunyard@co.llano.tx.us
Gary Prust
1607 Nueces St.
Austin, Texas 78701
gary@prustlaw.com
/s/ Tracy D. Cluck TRACY D. CLUCK CERTIFICATE OF WORD COUNT I certify that the pertinent portion of this Motion for Temporary Relief is
comprised of approximately 574 words.
/s/ Tracy D. Cluck TRACY D. CLUCK