Case Information

*0 RECEIVED COURT OF CRIMINAL APPEALS 10/12/2015 ABEL ACOSTA, CLERK *1 WR-83,995-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/12/2015 11:37:12 AM No. ______________________ Accepted 10/12/2015 11:49:18 AM ABEL ACOSTA CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS, AT AUSTIN

In re James Emil Tout Relator

Motion for Leave to File Application for Writs

of Mandamus & Prohibition TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW, James Emil Tout (“Relator”), by and through his undersigned attorneys, Gary A. Cohen, John G. Jasuta, and

David A. Schulman, complaining of the actions of the Parole

Division of the Texas Department of Criminal Justice (“the

division”) and the Board of Pardons and Paroles (“the Board”), and

requesting that this Honorable Court grant him leave to file an

application for writs of mandamus and prohibition. In support of

this request, Relator would show the Court:

Applicant is currently confined in the West Texas Intermediate Sanctions Facility in Brownfield, Texas. He was

convicted in 2008, in Williamson County, of the offense of driving

while intoxicated. Relator was paroled on May 21, 2012, and,

having previously been convicted of attempted sexual assault of a

child, was placed on the “sex offender caseload.”

Applicant is challenging the legality of his confinement in a post-conviction application for writ of habeas corpus pursuant to

Article 11.07 § 3, et seq ., C.Cr.P. In the application he wishes to

file, and which will be presented to the Court through the

mandatory eFiling system, he will demonstrate to the Court that

his right to seek habeas corpus relief is not an adequate remedy at

law, and he has a clear right to the relief sought, which is designed

to prevent the Division and the Board from punishing parolees,

himself included, solely for the exercise of their right, under the

Fifth and Fourteenth Amendment to the Constitution of the United

States, to remain silent and not submit to mandatory polygraph

examination.

Prayer Relator respectfully prays this Court to enter an Order granting him leave to file an application for writs of mandamus

and prohibition.

Respectfully submitted, Gary J. Cohen John G. Jasuta Attorney at Law Attorney at Law The Cohen Law Firm 1801 East 51st St. Ste 365-474 9300 Research Blvd, Suite 300 Austin, Texas 78723

Austin, Texas 78759-6553 Tel. 512-474-4747

Tel. (512) 476-6201 Fax: 512-532-6282 Fax: (512) 477-5773 lawyer1@johnjasuta.com garycohen@parolelaw.com State Bar No. 10592300

State Bar Card No. 04508300

__________________________________ David A. Schulman

Attorney at Law

1801 East 51st Street, Suite 365-474 Austin, Texas 78723

Tel. 512-474-4747

Fax: 512-532-6282

zdrdavida@davidschulman.com State Bar Card No. 17833400 Attorney for Relator, James Emil Tout *4 Certificate of Compliance and Delivery This is to certify that: (1) this document, created using WordPerfect™ X7 software, contains 404 words, excluding those

items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies

with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on

October 12, 2015, a true and correct copy of the above and

foregoing “Application for Writs of Mandamus & Prohibition” was

transmitted via electronic mail ( eMail ) to John Presa

(jprezas@wilco.org), Assistant District Attorney for Williamson

County; Bettie Wells (bettie.wells@tdcj.texas.gov), General Counsel

for the Board of Pardons & Paroles; and Sharon Felfe Howell

(sharon.howell@tdcj.state.tx.us), General Counsel for the Texas

Department of Criminal Justice.

______________________________________ David A. Schulman