Case Information

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811552

Disrtict Clerk, Karen Matkin P.O.Box 2451
Waco, Texas: 76703

In re:Filing of Mandamus Application In re:Terry Glenn Harris Cause NO.2010-544-C1A

RECEIVED IN COURT OF CRIMINAL AFPEALS

MAY 112015

AbelAcosta,Clerk

To the clerk of the court: Enclosed please find the Relator's application of Writ of Mandamus to the above styled and numbered cause, pending inithis court.

Please file this application to the cport's docket to be executed at the cill earliest convenience and at the time of which the court's time may allow. Notice:This copy of the application of Writ of Mandamus has been transmitted to the Court of Criminal Appeals.

Thank you for attention to this matter.

Sincerely, Terry Glef Harris, 1664009 1400 FM 3452 , Powledge Unit Palestine, Texas 75803 Executed on this 4 day of 2446 , 2015.

*2 Court of Criminal Appeals P.O.Box 12308, Capitol Station Austin, Texas 78711

In Re: Filing of Mandamus Application In Re:Terry Glenn Harris

To the clerk of the Court: Enclosed please find the Application for:Writ for Mandamus of:Relator herein named Terry Glenn Harris.

Relator is requesting that you file this at your earliest convenience and befitting of the court's docket.

Relator request that this mandamus be executed at the court's convenience and notify the relator of the datetof filing to court's docket.

Relator is expecting the clerk to notify him of any delays that might affect the speedy effectuation of this application and any other matters that delay its determination of the court. Thank you for attention to this matter.

Date: 27 May 2015. Sincerely, Terry Glenn Harris, #1664009 1400 FM: 4452 , Powledge Unit. Palestine, Texas 75803

*3 Terry Harris 1400 FM 3452 L.C.Powledge Unit

Palestine,Tx. 75803

To: Karen Matkin District Clerk P.O.Box 2451

Waco, Tx. 76703

To the Clerk of the Court: On or about Febuary 16,2015 a family member ofimine hand delivered an application of the Habeas corpus Article 11.07 of the Code of Criminal Procedure to this Honorable Court to the District Clerk of the 19th district of Mclennan County. Since that aforementioned date, petitioner has received word on the filing date or any response as per the code of criminal procedure provides to the petitioner and habeas courts. A family member has contatcted the court clerk and renayed to the petitioner the response of the clerk as allegedly, the court has not budge on it, but it was filed on the 20th of the month of March, 2015. Petitioner needs and renuires the date to be specific and request the clerk to relay that date to the petitioner at the address below. as of the date, it has been fifty-two days since the filing on the 16th, if not thistdate, then it has been forty-nine days since the filing of the application which requires the court to address the issues presented to the court for the disposition of the cláias presented. Petitioner's rooted deeply in the rights of poisoners and the Texas Constitutions Article 1§12. Petitioners rights will be violated absent the court's decision to the petitioners application to vindicate the rights deprivated at ttial and thmably request the clerk to file and notify the petitioner of the date of such filing of the petiolaner's application of Habeas Corpus pursuant to Art.11.07 Thank you for your time to this enquiry and attention to this matter. Sincerly: Terry Harris, petitioner pro-se Executed on this- $𝒩$ DAYof April, 2015.

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2 . 3. IN RE 4. TERRY GLENN HARRIS

5 . 6 . 7. A. PETITIONER'S APPLICATION FOR WRIT OF MANDAMUS 8. TO THE HONORABLE JUDGE OF SAID COURT:

9. Comes now, Terry Glenn Harris, RELATOR in the above styled and numbered 10. cause , pursuant to the Code of Criminal Procedure in Chapter 11, and brings 11. this APPLICATION FOR WRIT OF MANDAMUS and would show the following: 12.

I. 13. B.RELATOR 14. TERRY GLENN HARRIS,TDCJ#1664009, is the relator in the above styled and 15. numbered cause who submitted his petition, application, and memorandum at law 16. to the District clerk of McLennan County, Texas.namely KAREN MATKIN, to be 17. filed with the court to determine the appropriate remedy at law, pursuant to 18. Chapter 11 of the Code of Criminal Porcedure (CCP) on the 16th of JUNE 2025 19. attested as true the day of delivery by family member. 20. Relator has exhausted his remedies to the above styled cause and has no 21. other means or adequate remedy at law; the act sought is ministerial to be 22. done; the act sought is compelled by law and not discretionary in nature. 23.2. February 16,2015: Relatorcplaced his Habeas Petition,Memorandum at law, 24. and Application for Habeas Corpus, pursuant to Chapter 11 of the CCP in the 25. prison mail system to his family;His family made copies of the items.

Relator's Appl.-1 In Re Harris 2010-544-C1A

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Relator's Family made copies of the aforementioned items, hand de- 2. delivered the primary copy to the DISTRICT CLERK KAREN MATKIN of the 3. McLennan County, Texas 19th JUDICIAL DISTRICT COURT for filing of 4. the Habeas Petition; family members sent the Relator TWO(2) copies of the items 5. for future reference. 6. After multiple weeks of waiting for the response to the habeas petition 7. Relator had his family member to call the court, speaking to the RESPONDENT, 8. KAREN MATKIN, who bespeaked of how the court has not budged on the application 9. on the 20th of:FEBUARY, 2015, when the petition was allegedly filed. 10.

APRIL 08,2015, RELATOR, submitted to the convicting court a letter 11. to ascertain the status of the pending application; To this day, the 29th of 12. APRIL, 2015, Relator has not heard or received any response from the court or 13. his letter to the district clerk, KAREN MATKIN. 14. Relator requires the Respondent to immediately transmit to the Court of 15./ Criminal Appeals a copy of the Articel 11.07, demonstrate their findings of 16. fact and conclusions of law, any answers filed, and a certificate reciting the 17. date upon which that finding was made, if the convicting court decides that 18. there are no issues to be resolved. No copy of the aforementioned items and a 19. certificate have been transmitted to the Court of Criminal Appeals. Had such 20. documents been transmitted to the Court of Criminal Appeals by respondent as 21. required by statute, Relator would have received notice from the Court of Cri- 22. minal Appeals. 23.

II. 24. C. RESPONDENT 25. Respondent Matkin, in her capacity as district clerk of McLennan County,

Relator's Appl. -2 In Re Harris 2010-544-C1A

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1. Texas has a ministerial dut $\psi$ to receive and file all documents in 2. all criminal proceedings, and perform all other duties imposed by law pursuant 3. to Texas Government Code $\$51.303$ , and is responsible under Section 51.303 to 4. transmit to the Court of Criminal Appeals a copy of the Trial Courts Findings 5. of Fact and Conclusions of Law to the Relator's Petition and a certificate : 6. reciting the date upon which that finding was made if the convicting court 7. decides that there are no issues to be resolved. Respondent Matkin, District 8. Clerk of the McLennan County, Texas 19th District Court may be served at her 9. place of employment at P.O.Box 2451,Waco, Texas 76703.

III. 11. D.VIOLATION OF ARTICLE 11 OF THE CODE OF CRIMINAL PROCEDURE 12. The respondent violated Articel 11.07 of the code of criminal procedure 13. by failing to provide a copy of the Trial Court's Findings of fact and Conclue 14. : sions of Law to the Relator's petition of Habeas Corpus within the prescribed 15. by law and a reasonable time from the date on which the documents were requested to be transmitted to the Court of Criminal Appeals; See letter to the Di-ri 17. strict Clerk Karen Matkin dated April 08, 2015. (copy) 18. Request to the transmittal of the application for the writ of Habeas 19. Corpus, any answers filed, and a certificate reciting the date upon which that 20. finding was made by Relator to Respondent Matkin, District Clerk of McLenan 21. County, Texas dated April 08, 2015; pursuant to 11.34 of the Code of Criminal Pro- 22. cedure are attached to this application. 23. To date, Relator has received no response from Respondent regarding the 24. Relator's request to transmittal of a copy of the Findings of Fact and Conclus 25. sions of Law, any answers filed, and a certificate reciting the date upon which

Relator's Appl.-3 In Re Harris 2010-544-C1A

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1. the Finding of Facts and Conclusions of Law was made to the Court of Criminal 2. Appeals.

As is clear from the Relator's letter, Relator has repeatedly put:Respon- 4. dent on notice that Relator seeks the transmittal of a copy of the Application 5. of Habeas Corpus,Ad Testificandum, any answers filed, and a certificate reciting 6. the date upon which that finding was made to the Court of Criminal Appeals to 7. act on the Relator's Habeas petition. Relator has gone beyond any requirement 8. or obligation imposed upon him by the Code of Criminal Procedure in contrast 9. to Respondents efforts. 10. Respondent has wholly failed to comply with the Texas Code of Criminal 11. Procedure, Article 11.07, is acting in bad faith, and has also failed to.afford 12. Relator the professional and common courtesy of any written response to his 13. correspondence and:requests that were both written and verbal by manner of: 14. his family member. 15.

Article 11.15 clearly dictates: "The writ of Habeas corpus shall be:granted without delay 16. by the judge or court receiving the petition unless it be made manifest from the petition itself, or some document 17. annexed to it, that the party is entitled to no relief whatsoever, does not mandate that the trial court immedi- 18.

ately rule on habeas corpus petition, but rather, it requires the court to issue the writ without delay once the 19. petition is received by the court." See also Ex parte Shoèls, 643 SW 2d 761. 20. Respondent is in violation of this procedure because her duties are ministerial, not discretionary. 21.

IV. 22. E. PRAYER FOR RELIEF 23. WHEREFORE PREMISES: CONSIDERED, Relator Harris respectfully request a 24. finding that the Respondent did not transmit documents submitted in good faith 25. by the Relator, to the Court of Criminal Appeals within a reasonable amount of

Relator's Appl.-4 In Re Harris 2010-544-C1A

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1. time after the date they were accepted;Relator request this Honorable. Court
2. to order the respondent to transmit to the Court of Criminal Appeals Relator's
3. Application, Memorandum at Law,Ad Testificandum,any answers filed, and a cer-
4. tificate reciting the date upon which that finding was made to the Court of
5. Criminal Appeals as directed by the Code of Criminal Procedure of Texas in
6. Article 11.
7. Executed on this day of $\frac{\text{Pheq}}{\text{Respectfully submitted,}}$

10 . 11 . 12. I, TERRY GEENNHARRIS, DO HEREBY CERTIFY THAT THE FOREGOING TO BE TRUE AND CORRECT UNDER THE PENALTY OF PERJURY, PURSUANT TO Chapter 132 OF THE Civil Practice and Remedies Code§132.001,Title 6. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.

Relator's Appl.-5 In Re Harris 2010-544-C1A