Case Information
*1 .3id03 -Qtl RECEIVED IN COURT OF CRIMINAL APPEALS JAN 12 2015 Cr:tuse No: 2013-2073-C2 & 2013-2331-C2 IN THE 54TH JUDICIAL Abel Acosta, Clerk § Craig Mack § TDCJ-ID#l939218 District Court of
Relator § McLennan County, Texas v. §
*Honorable Judge §
Mr. Matt Johnson; §
*Mr. Abel Reyna; § § *District Attorney; This document conta· Pag , tl·· .. · ms some Mrs. Karen Matkin; § es . iat are of poor quality at the time of imaging. *DI.S'it'HCIT CLERK; IN 'IHEIR CFFICIAL § § Respondents CAPACITIES.§
Original Application for Writ of Mandamus To The Honorable Judge of Said Court of Appeals:
Now Comes, Craig Mack, Relator, Pro Se in the above styled and numbered causes of action and files this original Application for Writ of ~andamus, Pursuant to Article §11.07 section 3(c); §28.01, section l(l)thru(B); §2.2l(a)(l)thru(3) and(6); §44.07; § 4 4 . 0 2 ; § 2 6 . 1 3 f!>) § 2 6 . 0 2 & § 2 6 . 0 3 ; § 2 6 . 0 1 ; § 1'4 . 0 6 ( a ) ; § l . 0 5 ; § l . 0 6 ; §1.16; §1.09; §21.03; §21.02(7);§21.27(7); §2(.12;§25.02; §19.28; §19.27; §16.17; § 16.14; §11.43; §26.04; § 16.05; §16.08; §39.14; §29.08; §29.03; §29.01; § 20.02(d); §61.03(a); §38.23; §15.17(a); §31.01; §31.02; §31.03; §31.05; §31.06 and §31.07 all of the Texas Code(s) of Criminal Procedure(s); Article l,Sections §9,10 and 19 of the Texas Constitution; and 'the 1ST, 4TH, 5TH, 6TH, 8TH and 14TH Amendments .of the United States Constitution.
And will show the Court the following facts: 1* > Craig Mack,TDCJ-ID#l939218, is a prisoner incarcerated in the Texas Department of Criminal Justice-Institutional Division and is requesting relief in order to Perfect his right of appeal on the trial courts and the Distr±6t Clerks records. I
2* > The acts sought to be compelled are ministerial, not dis cretionary in mature~ T.C.C.P. art 11.07 section 3(c) requires
[ 1 ] . *2 Respondents to immediately transmitt to the Court of Criminal Appeals a COPY of the Application for Writ of Habeas Corpus; any answers filed [Notice-Request Appeal] and a certificate reciting the date upon which the finding was made; if the con vrcting court decides that there are no issues to be resolved.
3.* In Relator's cause, he filed a Motion for Self-Representa- tion on 05-23-14; and in rebuttal the State's appointed defense, attorney Mr. Stephen Reed, filed his Motion to Withdraw as counselor; therefore, Relator personally filed eight(8) Pre-Trial Motions that the States' Court-Appoint~d defense attorney failed-refused to file for Relators' defense.
4.* On 06-06-14, Relator filed three(3) timely Motions Pursuants to T.C.C.P. a~ticle §28.0l,section 1(1)-(8), 'l'Motion To Suppress Evidence, obtained As A result of A Warrantle~s Arrest; '2'Motion For Discovery and '3'Motion To Inspect Grand JuryiMinutes and to Dismiss the Indictment.
5.* Again, on 06-09-14, Relator filed four(4) timely Pretrial Motions (l)Motion for Continuance; (2)Motion to Dismiss Charges For Consti tutional and Statutory Violations; (3)Motion to Quash and (4)Motion for Change of Venue, and on 06-10-14, Relator filed an Amended Motion to Quash.
6.* All nine(9) of ~elators' timely pre-Trial Motions were served on the District Clerk; Mrs. Karen Matkin; the original District Attorney, Mr. Abel Reyna and the 54TH District Judge: The Honorable Judge Matt Johnson, by United States Mail Service.
7.* The Respondent, Honorable Judge matt Johnson, ORDERED a Pre-Trial hearing on 06-13-14, to hear and rule on the States' Gpprt .Appointed defense Attorney's Motion To Withdraw AS Counsel;the Respondent ~M "verbally" denied Relators' Right of Self -Representation, and Respondent knowingly, deliberately, intentionally and maliciously failed to respond in writing to any of Relators timely, Pre-Trial Motions as,
[ 2] *3 Prescribed by State and Federal laws of this State and the United States Constitutional Amendments. [Bill of Rights].
8.* On 08-11-14, Relator filed his request-Notice of Appeal with ' Respondent, Mrs. Karen Matkin, through the United States Postal-
Service, and~Pursuant to T.C.C.P. article §44.02, which states in part ·quote "tatter Part" he must have permission of the trial - court, except on those matters which have been raised by written Motions filed Prior to Trial" end quote.
9.* In Relators' causes, the trial date was > 06-19-14,and the Trial Court records1 the Clerks records will verify that none of the 'merits in the nine(9) timely filed Pre-trial Motions has re ceived a Written Response; and which were filed three(3)Motions- . C.lJa CM ~'M,';.J,., 06-06-14 & four ( 4) Mot ions-06-09-14 ·and · II! lli (l)one filed 05-23-14; (l)Amended Motion-06-10-14.
10.* Pursuant to T.C.C.P. article 44.07: Rights of Appeal not abridged; Respondent have abridged and denied Relator of his right of appeal and to be heard as guaranteed by the United States Constitutional Amendments.
11.* Responde~ts has Violated article 11.07 section 3(c) of the Texas Code of Criminal procedure by knowingly,intentionally,delib ertely and maliciously failing-refusing to give a Written Response to Relators' timely filed Pre-trial Motions and granting relator an appeal.
12.* To date, Relator has not received any responses from the Re spondents regarding relators request-notice of appeal,nor a response to any of the Relators nine(9)timely filed Pre-trial Motions.
13.* Relator has repeatedly put respondention Notice that Relator 01'1\ seeks to appeal the illegalUf and unlawful~judgment and conviction
in the above numbered causes; and for a Written answer to ALL of Relator's timely filed Pre-Trial Motions, Pursuant to T.C.C.P.
article §44.02, §44.07 and §26.13(~.
[ 3]
14.* Relator has gone well beyond any requirements, or obli-.
gations upon him by the Texas Code of Criminal procedure. An•n contrast to Relator's efferts, respondents has wholly failed to comply with T.C.C.P. article §11.07 [3] (c); articles §28.01 section 1(1) thcu(B); §44.02; §26.13f,Pnd §44.07 Statutes of T.C.C.P.; and is acting in bad faith and has failed to afford Relator the professional and ~ommon courtesy of any written response to relator's timely, legitimate Motionsand Right to,, an appeal on said Motions.
1!t
Wherefore, Premises considered, relator, Craig mack, Pro Se respectfully request a finding that respondent did not respond to any of relator's nine(9) timely filed Motions for his defense, and that Respondents are denying, hindering,and abridging re lat'or' s Right To an Appeal on ALL Motions filed prior to the Trial date of June 19TH,2014;and that Relator has brought this liti gation in good faith and has substantially Prevailed, under the Laws and Status of this State.
Relator Prays for an 'ORDER' directing Respondents to respond in writing to all nine(9) of Relator's legitimate and timely filed Motions; issue .an ORDER for Respondents to grant Relator his RIGHT to appeal on these nine(9)Motions; also issue an ORDER for Respondents to provide Relator with a copy of the Clerk's records and Trial records under Relator's indigent status in order to perfect his Right To appeal.
Respectfully Submitted By: Craig Mack,Pro Se [ 0 4] .
CERTIFICATE OF SERVICE that on this the ____ J~~tf\L·--· _______ day of This is to certify ~1\!Ad..-\1'~ •' 2015. A true copy of Relator's Original Application for Writ of Mandamus, has been served on the District Clerk, Mrs.
Karen Matkin; the Criminal District Attorney, Mr. Abel Reyna; and District Judge; Honorable Matt Johnson's Offices at McLennan • County, Texas, at Waco,Texas by placing the same in the United States Postal Service Mail.
/s/ W'~ Mr. Cr~k #1939218 Mark Wayne Michael Unit 2664 Tennessee Colony, Texas 75886 Craig Mack.
~~·
[51 •
*6 AO 240 (Rev. 06/09) Application to Proceed in District Court Without Prepaying F~es or Costs (Short Form)
UNITED STATES DISTRICT COURT WestemD;::~eofTexas ;Jt1tv_. sLfth·ruJrd~J Di4vl&- ,. ~w-t ~-1\1\ ~~&tLCow~~- .. -,;~d& . . u ) f1tl4r., fl-,1<11 :JJJJ..A~·-r{laintiff ) . · · . · ) Civil Action No. . , ttlM:-. AkA '&-ytxl j(-v.{l/tNs.,-N,feeN /k1dltf<Jn
~ ClliiliJJ.o~1tJ l3~,-<Z013- C1. ~ Defendant · . . t.._o 13 -~~3t- ca.
APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS
(Short Form) I am a plaintiff ()r petitioner in this ca5e and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested.
In support of this application, I answer the following questions under penalty of perjury: c::r- Tb i c~ ~~I \ 1. Ifincarcerated. I am being held at: If employed there, or have an account in the ins 'tution, I have attached to this document a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in my nanie. I ain also submitting a similar statement from any other institution where I was · incarcerated during the last six months. .
2. If not incarcerated. Ifi am employed, my employer's name andaddress are: / My gross pay or wages are: $ D . , and my take-home pay or wages are: $ ___ O-=·=-·· _· __ per - - - - - - - (specify pay period) . . \ 3. Other Income. In the past 12 months, I have received income from the following source~ (check all that apply): . . ' '
(a) Business, profession, or other self-employment 0 Yes
(b) Rent payments, interest, or dividends 0 Yes 0 Yes
(c) Pension, annuity, or life ins_urance payments
(d) Disability, or worker's compensation payments 0 Yes 0 Yes
(e) Gifts, or inheritances
(f) Any other so'urces 0 Yes
If you answered "Yes" to any question above, describe. below or on separate pages each source of money and· · state the amount that you received and what you expect to receive in the future. ·
. . .
A0.240 (Rev. 06/09) Application to Proceed in District Court Without Prepaying Fees or Costs· (Short Form) 0 4. Amount of money that I have in cash or in a checking or savings account: $ 5. Any automobile, real estate, stock, bond, security, t:Iilst, jewelry, art work, or other fmancial instrument or
thing of value that I own, including any item of value held in someone else's name (describe the property and its approximate value): J...:/OUf:- . . 6. Any housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide
the amount of the monthly expense): Utf /Ue· . . . . 7. Names (or, if under 18, initials only) Of all persons who are dependent ori me for support, my relationship with. each person, a:nd how much I contribute to their support: NtJ ji.l.€
8. Any debts or fmancial obligations (describe the amounts owed and to whom they are payable):
• ~-t ~ ~ A ttto~t- R.Mfto \,'lJ rL-.
~ 3etmr"\ t'l_ ri V\Q,V\CLt AW10W LM'\fMJWh_.
a· \Nov \d f'-'lt-1 aV\.CQ~ tl-Mol.(;btt .. u.vvKVIA) \lJ£r~v
4i ~ (})IJJ(t -t A~t,4flt\- Un:Koow VL· Declaration: I declare under penalty of perjury that the above information is true and understand that a false statement may result in a dismissal of my claims.
Date: 01 --0'7-JJJtG
Prznted name *8 . . Wednesday, January 07, 2015, 10:02:42 AM (B) tdc01a2w - PASSPORT CSINIB02/CINIB02 TEXAS DEPARTMENT OF CRIMINAL JUSTICE 01/07/15 1A2W/KST5757 IN-FORMA-PAUPERIS DATA 10:02:06 TDCJ#: 01939218 SID#: 03180032 LOCATION: MICHAEL INDIGENT DTE: 12/23/14 o·7 /01/14 NAME: MACK,CRAIG E BEGINNING PERIOD: PREVIOUS TDCJ NUMBERS: 00543811 00612010 20.00
CURRENT BAL: 0.00 TOT HOLD AMT: 0.00 3MTH TOT DEP: 6MTH DEP: 61.39 6MTH AVG BAL: 0.58 6MTH AVG DEP: 10.23 TOTAL DEPOSITS MONTH HIGHEST BALANCE TOTAL DEPOSITS MONTH HIGHEST BALANCE 12/14 20.00 20.00 09/14 20.00 20.98 11/14 0.00 0.00 08/14 20.00 20.41 10/14 0.00 0.00 0.00 0.00 ' 07/14 HOLD DESCRIPTION PROCESS DATE HOLD AMOUNT
STATE OF TE~~COUNTY OF~ ON THIS THE'~\DAY OF ~~/s-1 CERTIFY THAT THIS DOCUMENT IS A TRUE, COMPLETE,AND UNALTERED COPY MADE BY ME OF INFORMATION CONTAINED IN THE COMPUTER DATABASE REGARDING THE OFFENDER'S ACCOUNT. NP SIG:
PFl-HELP PF3-END ENTER NEXT TDCJ NUMBER: OR SID NUMBER: NOTARY PUBLIC STATE OF TEXAS COMM. EXPIRES 8-28-2016 UN07AAY WffifOUT BOND"
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