Case Information

*1 This document contains some pages that are of poor quality at the time of imaging.

IN THE TEXAS COURT OF CRIMINAL APPEALS AT AUSTRN TEXAS

RECEIVED IN COURT OF CRIMINAL APPEALS WAR 032015

Abel-Aposte, Clerk

RODGE LEE NESBY Relator, VS.

GUILFORD JONES, III., Judge, 33 rd District. District Court of Burnet County Texas, Respondent.

IN THE SAID HONORABLE COURT:

NOW COMES RODGE LEE NESBY, Petitioner, and asks leave of court to file the attached Petition for wait of mandamus, and would, show, the following:

This is an extraordinary case that requires the Court of Criminal, Appeals to exercise original jurisdiction because Petitioner has no adequate remedy at law, it involves ministerial acts only, and Petitioner has been unsuccessful in obtaining relief from the trial judge.

Respectfully submitted,

*2 CERTIFICATE OF SERVICE

I certify and verify that a copy of the foregoing has been served by placing the same in First Class U.S. Mail addressed to the following:

Gary W. Bunyard Assistant District Attorney P.O. Box 725 Llano TX 78643

CC: Ms. Cosie Walker, Burnet County District Clerk

Feb. 23, 2015.

*3 IN THE TEXAS COURT OF CRIMINAL APPEALS AT AUSTIN TEXAS

RODGE LEE NESBY RELATOR, V.

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES RODGE LEE NESBY, PETTION, by and through pro se, fills this his application for writ of mondamus and complaining of Honorable Guilford Jones, III, Judge, Respendent, would show the court the following:

I.

On the 30th day of January 30, 2014, Respondent was the duty qualified and acting presiding judge of the 33 rd District Court of Burnet County, Texas and on said date in Cause No. 94772, 96543 styted The State of Texas vs Rodge Lee Nesby entered an improper order to-wit:

Respondent denied Defendant's Motion to his conti constitutional right to a speedy trial and has refused to set said coses

*4 For trial. Thomas v. Stevenson, 561 S.W. 2d 845 (Tex. Ct. App. 1978)

II.

Said order of Respondent was improper and void for the following reasons:

The State of Texas has had over 10 years to bring Defendant to trial in both cause numbers and has failed to do so.

The Petitioner has filed motions for final Disposition in these cause numbers; and Speedy Trial without any success, thus he risks makes this his request to complet the Respondent to either try the causes or dismiss them.

The Petitioner has a constitutional right to a fast and speedy trial when faced with indietments by the State.

III.

The acts required of the Respondent are ministerial in nature and are not subject to the dicerction of the Respondent.

IV.

Petitioner has no to right of appeal from the actions of the

*5 Respondent and has no adequate remedy at law other than a Writ of Mondamus as proyed for herein.

The matrons and orders involved are marked as Exhibits A through D and are attached hete to and made a part here of:

WHEREFORE, PREMISES CONSIDERED, PETTUNEY proy that tecwe to file this Petition be granted, that the same be set for submission, and that a Writ of Mondamus be issued by the Court ordering and directing the Respondent to set aside his order and to dismiss both indietments or bring Defendant to trial.

Respectfully submitted, Feb. 23, 2015.

Respects Rodeg Lee Nersby

DECLARATION

I declare under penalty of perjury that the foregoing is true and correct.

*6 I cutify that a true and correct copy, & of the foregoing has served on the District Attorney of Burnet County.

Feb. 23, 2015.

Rodby Lee Nesby, 159956 Bill Clements Unit

4.601 Spur 591

Amarillo, TX 79167-9666.

4.

*7 Exhibits - A

*8

Cause No. 94772,96543

THE STATE OF TEXAS v3. RODGY LEE NESBY

3 IN THE 33RD DISTRICT COURT

3 OF

3 BURNET COUNTY, TEXAS

REGUEST FOR FINAL DISPOSITION

TO THE HONDRAEME JUDGE OF SAID COURT: CONES NOV RODGY LEE NESBY, DEFENDANT in the above styled and numbered cause, by and through pro se and makes this his request for final disposition. In support thereof would show the Honorable court as follows:

I.

Texas Department of Criminal Justice, Brad livingston executive director, official records indicate that the sheriffs office, Burnet County, Post office Box 1249, Burnet, Texas 1861 has two (20) untitled indictment, information, or complaint on the basis of which a warrant or detariner has been lodged against Defendant.

*9

II.

Rodgy lee Nesby, defendant is presently incarcerated in the William P. Clements Unit of the Texas Department of Criminal Justice located at 9601 Spur 591, Amarillo, Texas 79187-9606 in Potter County. This written notice has been sent to the Warden of the William P. Clements Unit, by first Class u.s. mail addressed the same above.

Executed: July 28, 2013 Respectfully Submitted, Rodgy lee Nesby, Prose T.D.C.3. 1159956

DECLARATIO N

I, Rodgylee Nesby, T.D.C. J. 1159956 being presently incarcerated in the William P. Clements Unit declare under penalty of perjury that the foregoing document is true and correct.

Dated: July 28, 2013 Rodgy lee Nesby, Prose T.D.C. J. 1159956

*10

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been served upon the District Attorneys office of Burnet County by first Class U.S. mail address to the District clerk of Burnet County, On the 28th day of July 2013.

*11 Exhibits - B

*12

July 28, 2013 Mr. Rodgy Lee Nesby No. 11599516 William P. Clements Unit 960159 pur 591 Amorillo, Texas 79107-9606

Warden

William P. clements Unit 960159 pur 591 Amorillo, Texas 79107-9606

Re: Request for final disposition, Cause No. 99772,96543; styled State of Texas vs. Rodgy Lee Nesby in the 23rd District Court of Burnet County, Texas.

This notice is an official request for final disposition in the above reference cause number(s) pursuant to chapter 51, Article 51.14 art. III (a) T.C.C.P.

Your assistance with this matter is greatly appreciated, Thank you.

Sincerely, Rodgy Lee Nesby Prose T. D.C.J. 1159956

*13 Exhibits - C

*14 March 19, 2014 Radyy Lee Nesbry, 1159956 Milliam P. Elements Unit 9601 Spur 591 Amarillo, Te. 79107-9000 Lasle Walker Burnet Eounty District Clerk. 101 East Polk. Suite 90 Burnet, Tx 78011-2737 Re: "Final Disposition," Cause No. 94778, 96543; styled: State of Texas vs Todaylee Nesby, In the 33rd District Court of Burnet Eounty, Texas.

In my letter to your office dated July 28, 2013, I made a formal request that you file my request for a "Final Disposition" in the above reference causes and bring it to the Courts attention.

This letter is a request as to whether your office acted on my request.

Your response to this letter is requested, please, thank you. Should your office have not acted this letter is a renewed request that you do so.

*15 Exhibits - D

*16

To: RODGY LEE NESBY Bill clementS bill 9uol 5 PUR 591 AMARILLO, TX 79167-91006

FRON: CASIE MAIKER BURNET CO. DIST. CIERK 1701 E. PUIK STR. SUITE 50 BURNET,TEXAS 78611-2757

CAUSE NO. N/A

DEAR MR. NESBY: DATE: DECEMBER 8, 2014 [J] Upon receipt of propefice, the coples you requested will be prepared and mailed. Non-certified copies are $\$1.00$ per page. [ ] We will need a court order to prepare the coples you requested at no charge to you. [ ] [ ] [ ] [ ] [ ] [ ] Other:Your request for final disposition was denied on January 20,2014 document (see above). All further correspondence should indicate the above cause number.

Sincerely, Cossie Willam Burnett County District Clerk