Vogel, George Wilhelm, WR-84,259-01

Vogel, George Wilhelm

WR-84,259-01

| Tex. App. | Nov 23, 2015

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Case Information

*1 RECEIVED IN COURT OF CRIMINAL APPEALS

To Clerk of Court NOV 232015

Re. Submission of tortoons + wolds

Abel Acosta, Clerk

Dear Sir (Madan:

Exclosed are tortoons and wolds to be submitted on the doctor for five Judges(s) to rule on. One endowed and filed on the doctor (as you provide mial copy of the endowed filled documents b) the doctor as a qired. A some type of triveliess to when this may be scheduled?

I am incarcerated without any already help I resources; I have no way of calling the court for the status of my case, nor access to a computer to check its status. This asking for an idea as to have long this normally takes as I am new to this. Can I simply write you asking for a status; if I haven't heard book from the court in a few weeks I manthe?

That you for your time, respectfully submitted for eadresced filing...

George Voagl 1902544 Dilansky Unit 3872 FM 350 Livingston TX 77351

*2 Cause no In re George Willsden Vogel of In the Criminal (Relator)

Court of Appeals

Deputy Clerk of Court, Tray Ward, Clerk of Court, Christopher Prine, of Austin, TX Chief Justice, Honorable Ken Thompson Frost, Justices, Honorable Sharon McCally, Honorable Hans Brown, Honorable Ken Wise, and the Fourteenth Court of Appeals in their official capacity or their successors. (Respondents)

Routicles original application for West of Mandamus and Extraordinary matters.

To the Honorable Today of said court?

Cores now, George W. Mele, Vogel, Relator, pra se, in the above-styled and numbered case and files thus original application for work of mandamus and extraordinary matters pursuant to the laws, procedures or rules contained within the work, and would show the court the following?

*3 A. Identity of parties

Relator Greeng Wilhdn Vegel, TBCI # 1802544 Relator is confined at the Polunsky Unit of TBCI in Polk County Texas, and can be contacted I located at: 3872 FM 350 Livingston, TX 77351

Respondents Troy Ward, Chief Deputy Clerk of court, Christopher E. Prize, Clerk of court, Honorable Ken Thompson Frost, Chief Justice of court, Honorable Sharon McGilly, Justice, Honorable Marc W. Brown, Justice, Honorable Ken Wise, and the Fourteenth Court of Appeals in their official capacity; or current successors that can be located at: Fourteenth Court of Appeals 301 Fannin St., Ste 245 Hauston, TX 77002, in Morris County Texas

*4 P. Table of Contents

Mistion, suspend of pages 10ords rule

1 Mistion, suspend copy 2 Mistion, appuntment of counsel

3 - Declaration on support of night to counsel 1 mobility to pay

4 Order appointment of counsel

5 Mistion, hberally constance 140 1-10 1-85 Mentirffs original word of mandamus 1 extraordinary millers

12 Settim A Identification of parities

12 8. Table of contents, see attached 13A (follows) 13,13A C. Index of authorities

14-18 D. Statement of case

19-20 E Statement of jurisdiction

21 F. Issues presented for relief

22-24 G. Statement of facts

31-32 H. Argument

33-42 J. Prayer

44 K Appendix

Affidavit

65-74 2. Statement of events

77-79 3. Suora statement

90 4. Blacks Law dictionary definitions

81 5. TCEP 2.03, 2.14, 2.21, 2.22

82-83 6. TRAP 52 (1), (2), (3) checklist

84-85 7. TDES printed Inmate tount fund account 86 (showing 100 space, contained)

*6 C Index of Authorities page (s) Code of Judicial Product EAKER 3 27 F d Arron $4 \cup 3 291 F 3 d 108 40, 58$ Davis, Lafler 601 F3d 439 58,59 Hebbey Miller 627 F3d 338 57 Suppson, Nickel 450 F3d 303,305 58 Tate, Wood 963 F2d 20 57 F-Supp Davis, Lafler 692 FSupp 2d 105 57 Georgetown Law Service) 42 Geo LIT. Ann Rev. (rimprov. 1074-1075(2013) 42,58,61 Lexis Tax App Lexis In re State 2006 Tax App Lexis 109 33 McClain 2015 Tax App Lexis 2505 54,55 US Dist Lexis Trenton, Stephens 2015 US Dist Lexis 33003 54

*7 | Sub. Augat | | | | :--: | :--: | :--: | | Nivare | 7930324679 | 30,49 | | Barganier, Sadhbbrook Apt. 10430324171 | | 33 | | Birmingham Fire Ins Co. 9283022224 | | 38 | | Cantu | 64130022557 | 28 | | Chanqion | 823003219,12630032686 | 30,50 | | Ex Parle Axel | 75730022269 | 28,51 | | Ex Parle Bradley | 54630022305 | 27 | | Ex Parle Cashlans | 86330022476 | 29,55 | | Ex Parle Erou | 18030032135 | 28 | | Ex Parle Stanford | 5715002228,29 | 27 | | Charsia | 97830032343 | 30 | | Healey | 45450032106 | 42 | | All et al | 52830022259 | 26 | | Admes | 32330032163 | 42,53 | | In re Alsenz | 15250032617 | 26 | | In re Hdida | 943300228855 | 26 | | In re Sumands | 27150032874 | 34 | | In re Swith | 27050032783 | 34,37 | | In re Stein | 33130032538 | 26 | | In a Vliarreal | 9650032708 | 35,38 | | Jark | 6450032694 | 29,49 | | Jamnigs | 89050022809 | 29 | | Martin v. Martin | 2550032718 | 27 | | Mc Farland | 92830022482 | 53 | | Musgrave | 42550032609 | 57 | | Oldham | 86930022461 | 49 | | Prudhoma | 2830032114 | 28, 29,50,52 |

*8 | | Redchiff | 10630334536 | 30 | | :--: | :--: | :--: | :--: | | | Rubgroup | 43830224804 | 27 | | | Robinson | 163034808 | 53 | | | Salezar | 22230347 | 26,29,53 | | | Scarborough | 777302483 | 57 | | | Sholds | 5503024670 | 51,53 | | | Stevens, McClure | 73230248115 | 50 | | | Thus | 8633024489 | 38 | | | Tovios | 5653024938 | 29,49 | | | Tuffish | 87830244197 | 27 | | | Ire Code of Criminal Procedure (TCEP) | | | | | 1.04 | 38,41,44,47,48,51,57,61 | | | | 1.057 | 39,41,48 | | | | 2.03 | 33 | | | | 2.16 | 33 | | | | 2.22,2.21 | 33 | | | | 26.13 | 51 | | | | 35.28 | 37 | | | | 40.001 | 51 | | | | Ire Contribution | | | | | 1.610 | 38,41, 44, 47,48,51,57,61 | | | | 1.619 | 39,41, 44, 47, 48, 51,61 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

*9 | Year | Year (1990s) | Year (1990s) | |------|------------|---------------| | 1990 | 44,47 | 37 | | 1991 | 34,37,44 | 36,37,44 | | 1992 | 39,44 | 39,44 | | 1993 | 39,44 | 39,44 | | 1994 | 34 | 34 | | 1995 | 39,44 | 39,44 | | 1996 | 34,39,41,43,44,50 | 34,39,41,43,44,50 | | 1997 | 34,36 | 34,36 | | 1998 | 34,36 | 34,36 | | 1999 | 39,44 | 39,44 | | 2000 | 37,47 | 37,47 | | 2001 | 35,36,37 | 35,36,37 | | 2002 | 39,44 | 39,44 | | 2003 | 39,44 | 39,44 | | 2004 | 39,44 | 39,44 | | 2005 | 39,44 | 39,44 | | 2006 | 39,44 | 39,44 | | 2007 | 39,44 | 39,44 | | 2008 | 39,44 | 39,44 | | 2009 | 39,44 | 39,44 | | 2010 | 39,44 | 39,44 | | 2011 | 39,44 | 39,44 | | 2012 | 39,44 | 39,44 | | 2013 | 39,44 | 39,44 | | 2014 | 39,44 | 39,44 | | 2015 | 39,44 | 39,44 | | 2016 | 39,44 | 39,44 | | 2017 | 39,44 | 39,44 | | 2018 | 39,44 | 39,44 | | 2019 | 39,44 | 39,44 | | 2020 | 39,44 | 39,44 | | 2021 | 39,44 | 39,44 | | 2022 | 39,44 | 39,44 | | 2023 | 39,44 | 39,44 | | 2024 | 39,44 | 39,44 | | 2025 | 39,44 | 39,44 | | 2026 | 39,44 | 39,44 | | 2027 | 39,44 | 39,44 | | 2028 | 39,44 | 39,44 | | 2029 | 39,44 | 39,44 | | 2030 | 39,44 | 39,44 | | 2031 | 39,44 | 39,44 | | 2032 | 39,44 | 39,44 | | 2033 | 39,44 | 39,44 | | 2034 | 39,44 | 39,44 | | 2035 | 39,44 | 39,44 | | 2036 | 39,44 | 39,44 | | 2037 | 39,44 | 39,44 | | 2038 | 39,44 | 39,44 | | 2039 | 39,44 | 39,44 | | 2040 | 39,44 | 39,44 | | 2041 | 39,44 | 39,44 | | 2042 | 39,44 | 39,44 | | 2043 | 39,44 | 39,44 | | 2044 | 39,44 | 39,44 | | 2045 | 39,44 | 39,44 | | 2046 | 39,44 | 39,44 | | 2047 | 39,44 | 39,44 | | 2048 | 39,44 | 39,44 | | 2049 | 39,44 | 39,44 | | 2050 | 39,44 | 39,44 | | 2051 | 39,44 | 39,44 | | 2052 | 39,44 | 39,44 | | 2053 | 39,44 | 39,44 | | 2054 | 39,44 | 39,44 | | 2055 | 39,44 | 39,44 | | 2056 | 39,44 | 39,44 | | 2057 | 39,44 | 39,44 | | 2058 | 39,44 | 39,44 | | 2059 | 39,44 | 39,44 | | 2060 | 39,44 | 39,44 | | 2061 | 39,44 | 39,44 | | 2062 | 39,44 | 39,44 | | 2063 | 39,44 | 39,44 | | 2064 | 39,44 | 39,44 | | 2065 | 39,44 | 39,44 | | 2066 | 39,44 | 39,44 | | 2067 | 39,44 | 39,44 | | 2068 | 39,44 | 39,44 | | 2069 | 39,44 | 39,44 | | 2070 | 39,44 | 39,44 | | 2071 | 39,44 | 39,44 | | 2072 | 39,44 | 39,44 | | 2073 | 39,44 | 39,44 | | 2074 | 39,44 | 39,44 | | 2075 | 39,44 | 39,44 | | 2076 | 39,44 | 39,44 | | 2077 | 39,44 | 39,44 | | 2078 | 39,44 | 39,44 | | 2079 | 39,44 | 39,44 | | 2080 | 39,44 | 39,44 | | 2081 | 39,44 | 39,44 | | 2082 | 39,44 | 39,44 | | 2083 | 39,44 | 39,44 | | 2084 | 39,44 | 39,44 | | 2085 | 39,44 | 39,44 | | 2086 | 39,44 | 39,44 | | 2087 | 39,44 | 39,44 | | 2088 | 39,44 | 39,44 | | 2089 | 39,44 | 39,44 | | 2090 | 39,44 | 39,44 | | 2091 | 39,44 | 39,44 | | 2092 | 39,44 | 39,44 | | 2093 | 39,44 | 39,44 | | 2094 | 39,44 | 39,44 | | 2095 | 39,44 | 39,44 | | 2096 | 39,44 | 39,44 | | 2097 | 39,44 | 39,44 | | 2098 | 39,44 | 39,44 | | 2099 | 39,44 | 39,44 | | 2010 | 39,44 | 39,44 | | 2011 | 39,44 | 39,44 | | 2012 | 39,44 | 39,44 | | 2013 | 39,44 | 39,44 | | 2014 | 39,44 | 39,44 | | 2015 | 39,44 | 39,44 | | 2016 | 39,44 | 39,44 | | 2017 | 39,44 | 39,44 | | 2018 | 39,44 | 39,44 | | 2019 | 39,44 | 39,44 | | 2020 | 39,44 | 39,44 | | 2021 | 39,44 | 39,44 | | 2022 | 39,44 | 39,44 | | 2023 | 39,44 | 39,44 | | 2024 | 39,44 | 39,44 | | 2025 | 39,44 | 39,44 | | 2026 | 39,44 | 39,44 | | 2027 | 39,44 | 39,44 | | 2028 | 39,44 | 39,44 | | 2029 | 39,44 | 39,44 | | 2030 | 39,44 | 39,44 | | 2031 | 39,44 | 39,44 | | 2032 | 39,44 | 39,44 | | 2033 | 39,44 | 39,44 | | 2034 | 39,44 | 39,44 | | 2035 | 39,44 | 39,44 | | 2036 | 39,44 | 39,44 | | 2037 | 39,44 | 39,44 | | 2038 | 39,44 | 39,44 | | 2039 | 39,44 | 39,44 | | 2040 | 39,44 | 39,44 | | 2041 | 39,44 | 39,44 | | 2042 | 39,44 | 39,44 | | 2043 | 39,44 | 39,44 | | 2044 | 39,44 | 39,44 | | 2045 | 39,44 | 39,44 | | 2046 | 39,44 | 39,44 | | 2047 | 39,44 | 39,44 | | 2048 | 39,44 | 39,44 | | 2049 | 39,44 | 39,44 | | 2050 | 39,44 | 39,44 | | 2051 | 39,44 | 39,44 | | 2052 | 39,44 | 39,44 | | 2053 | 39,44 | 39,44 | | 2054 | 39,44 | 39,44 | | 2055 | 39,44 | 39,44 | | 2056 | 39,44 | 39,44 | | 2057 | 39,44 | 39,44 | | 2058 | 39,44 | 39,44 | | 2059 | 39,44 | 39,44 | | 2060 | 39,44 | 39,44 | | 2061 | 39,44 | 39,44 | | 2062 | 39,44 | 39,44 | | 2063 | 39,44 | 39,44 | | 2064 | 39,44 | 39,44 | | 2065 | 39,44 | 39,44 | | 2066 | 39,44 | 39,44 | | 2067 | 39,44 | 39,44 | | 2068 | 39,44 | 39,44 | | 2069 | 39,44 | 39,44 | | 2070 | 39,44 | 39,44 | | 2071 | 39,44 | 39,44 | | 2072 | 39,44 | 39,44 | | 2073 | 39,44 | 39,44 | | 2074 | 39,44 | 39,44 | | 2075 | 39,44 | 39,44 | | 2076 | 39,44 | 39,44 | | 2077 | 39,44 | 39,44 | | 2078 | 39,44 | 39,44 | | 2079 | 39,44 | 39,44 | | 2080 | 39,44 | 39,44 | | 2081 | 39,44 | 39,44 | | 2082 | 39,44 | 39,44 | | 2083 | 39,44 | 39,44 | | 2084 | 39,44 | 39,44 | | 2085 | 39,44 | 39,44 | | 2086 | 39,44 | 39,44 | | 2087 | 39,44 | 39,44 | | 2088 | 39,44 | 39,44 | | 2089 | 39,44 | 39,44 | | 2090 | 39,44 | 39,44 | | 2091 | 39,44 | 39,44 | | 2092 | 39,44 | 39,44 | | 2093 | 39,44 | 39,44 | | 2094 | 39,44 | 39,44 | | 2095 | 39,44 | 39,44 | | 2096 | 39,44 | 39,44 | | 2097 | 39,44 | 39,44 | | 2098 | 39,44 | 39,44 | | 2099 | 39,44 | 39,44 | | 2100 | 39,44 | 39,44 | | 2101 | 39,44 | 39,44 | | 2102 | 39,44 | 39,44 | | 2103 | 39,44 | 39,44 | | 2104 | 39,44 | 39,44 | | 2105 | 39,44 | 39,44 | | 2106 | 39,44 | 39,44 | | 2107 | 39,44 | 39,44 | | 2108 | 39,44 | 39,44 | | 2109 | 39,44 | 39,44 | | 2110 | 39,44 | 39,44 | | 2111 | 39,44 | 39,44 | | 2112 | 39,44 | 39,44 | | 2113 | 39,44 | 39,44 | | 2114 | 39,44 | 39,44 | | 2115 | 39,44 | 39,44 | | 2116 | 39,44 | 39,44 | | 2117 | 39,44 | 39,44 | | 2118 | 39,44 | 39,44 | | 2119 | 39,44 | 39,44 | | 2120 | 39,44 | 39,44 | | 2121 | 39,44 | 39,44 | | 2122 | 39,44 | 39,44 | | 2123 | 39,44 | 39,44 | | 2124 | 39,44 | 39,44 | | 2125 | 39,44 | 39,44 | | 2126 | 39,44 | 39,44 | | 2127 | 39,44 | 39,44 | | 2128 | 39,44 | 39,44 | | 2129 | 39,44 | 39,44 | | 2130 | 39,44 | 39,44 | | 2131 | 39,44 | 39,44 | | 2132 | 39,44 | 39,44 | | 2133 | 39,44 | 39,44 | | 2134 | 39,44 | 39,44 | | 2135 | 39,44 | 39,44 | | 2136 | 39,44 | 39,44 | | 2137 | 39,44 | 39,44 | | 2138 | 39,44 | 39,44 | | 2139 | 39,44 | 39,44 | | 2140 | 39,44 | 39,44 | | 2141 | 39,44 | 39,44 | | 2142 | 39,44 | 39,44 | | 2143 | 39,44 | 39,44 | | 2144 | 39,44 | 39,44 | | 2145 | 39,44 | 39,44 | | 2146 | 39,44 | 39,44 | | 2147 | 39,44 | 39,44 | | 2148 | 39,44 | 39,44 | | 2149 | 39,44 | 39,44 | | 2150 | 39,44 | 39,44 | | 2151 | 39,44 | 39,44 | | 2152 | 39,44 | 39,44 | | 2153 | 39,44 | 39,44 | | 2154 | 39,44 | 39,44 | | 2155 | 39,44 | 39,44 | | 2156 | 39,44 | 39,44 | | 2157 | 39,44 | 39,44 | | 2158 | 39,44 | 39,44 | | 2159 | 39,44 | 39,44 | | 2160 | 39,44 | 39,44 | | 2161 | 39,44 | 39,44 | | 2162 | 39,44 | 39,44 | | 2163 | 39,44 | 39,44 | | 2164 | 39,44 | 39,44 | | 2165 | 39,44 | 39,44 | | 2166 | 39,44 | 39,44 | | 2167 | 39,44 | 39,44 | | 2168 | 39,44 | 39,44 | | 2169 | 39,44 | 39,44 | | 2170 | 39,44 | 39,44 | | 2171 | 39,44 | 39,44 | | 2172 | 39,44 | 39,44 | | 2173 | 39,44 | 39,44 | | 2174 | 39,44 | 39,44 | | 2175 | 39,44 | 39,44 | | 2176 | 39,44 | 39,44 | | 2177 | 39,44 | 39,44 | | 2178 | 39,44 | 39,44 | | 2179 | 39,44 | 39,44 | | 2180 | 39,44 | 39,44 | | 2181 | 39,44 | 39,44 | | 2182 | 39,44 | 39,44 | | 2183 | 39,44 | 39,44 | | 2184 | 39,44 | 39,44 | | 2185 | 39,44 | 39,44 | | 2186 | 39,44 | 39,44 | | 2187 | 39,44 | 39,44 | | 2188 | 39,44 | 39,44 | | 2189 | 39,44 | 39,44 | | 2190 | 39,44 | 39,44 | | 2191 | 39,44 | 39,44 | | 2192 | 39,44 | 39,44 | | 2193 | 39,44 | 39,44 | | 2194 | 39,44 | 39,44 | | 2195 | 39,44 | 39,44 | | 2196 | 39,44 | 39,44 | | 2197 | 39,44 | 39,44 | | 2198 | 39,44 | 39,44 | | 2199 | 39,44 | 39,44 | | 2200 | 39,44 | 39,44 | | 2201 | 39,44 | 39,44 | | 2202 | 39,44 | 39,44 | | 2203 | 39,44 | 39,44 | | 2204 | 39,44 | 39,44 | | 2205 | 39,44 | 39,44 | | 2206 | 39,44 | 39,44 | | 2207 | 39,44 | 39,44 | | 2208 | 39,44 | 39,44 | | 2209 | 39,44 | 39,44 | | 2210 | 39,44 | 39,44 | | 2211 | 39,44 | 39,44 | | 2212 | 39,44 | 39,44 | | 2213 | 39,44 | 39,44 | | 2214 | 39,44 | 39,44 | | 2215 | 39,44 | 39,44 | | 2216 | 39,44 | 39,44 | | 2217 | 39,44 | 39,44 | | 2218 | 39,44 | 39,44 | | 2219 | 39,44 | 39,44 | | 2220 | 39,44 | 39,44 | | 2221 | 39,44 | 39,44 | | 2222 | 39,44 | 39,44 | | 2223 | 39,44 | 39,44 | | 2234 | 39,44 | 39,44 | | 2235 | 39,44 | 39,44 | | 2236 | 39,44 | 39,44 | | 2237 | 39,44 | 39,44 | | 2238 | 39,44 | 39,44 | | 2239 | 39,44 | 39,44 | | 2240 | 39,44 | 39,44 | | 2241 | 39,44 | 39,44 | | 2242 | 39,44 | 39,44 | | 2243 | 39,44 | 39,44 | | 2244 | 39,44 | 39,44 | | 2245 | 39,44 | 39,44 | | 2246 | 39,44 | 39,44 | | 2247 | 39,44 | 39,44 | | 2248 | 39,44 | 39,44 | | 2250 | 39,44 | 39,44 | | 2251 | 39,44 | 39,44 | | 2252 | 39,44 | 39,44 | | 2253 | 39,44 | 39,44 | | 2254 | 39,44 | 39,44 | | 2255 | 39,44 | 39,44 | | 2256 | 39,44 | 39,44 | | 2257 | 39,44 | 39,44 | | 2258 | 39,44 | 39,44 | | 2259 | 39,44 | 39,44 | | 2260 | 39,44 | 39,44 | | 2261 | 39,44 | 39,44 | | 2262 | 39,44 | 39,44 | | 2263 | 39,44 | 39,44 | | 2264 | 39,44 | 39,44 | | 2265 | 39,44 | 39,44 | | 2266 | 39,44 | 39,44 | | 2267 | 39,44 | 39,44 | | 2268 | 39,44 | 39,44 | | 2269 | 39,44 | 39,44 | | 2270 | 39,44 | 39,44 | | 2271 | 39,44 | 39,44 | | 2272 | 39,44 | 39,44 | | 2273 | 39,44 | 39,44 | | 2274 | 39,44 | 39,44 | | 2275 | 39,44 | 39,44 | | 2276 | 39,44 | 39,44 | | 2277 | 39,44 | 39,44 | | 2278 | 39,44 | 39,44 | | 2280 | 39,44 | 39,44 | | 2281 | 39,44 | 39,44 | | 2282 | 39,44 | 39,44 | | 2283 | 39,44 | 39,44 | | 2284 | 39,44 | 39,44 | | 2285 | 39,44 | 39,44 | | 2286 | 39,44 | 39,44 | | 2287 | 39,44 | 39,44 | | 2288 | 39,44 | 39,44 | | 2290 | 39,44 | 39,44 | | 2291 | 39,44 | 39,44 | | 2292 | 39,44 | 39,44 | | 2293 | 39,44 | 39,44 | | 2294 | 39,44 | 39,44 | | 2300 | 39,44 | 39,44 | | 2301 | 39,44 | 39,44 | | 2302 | 39,44 | 39,44 | | 2303 | 39,44 | 39,44 | | 2304 | 39,44 | 39,44 | | 2305 | 39,44 | 39,44 | | 2306 | 39,44 | 39,44 | | 2307 | 39,44 | 39,44 | | 2310 | 39,44 | 39,44 | | 2311 | 39,44 | 39,44 | | 2320 | 39,44 | 39,44 | | 2321 | 39,44 | 39,44 | | 2322 | 39,44 | 39,44 | | 2333 | 39,44 | 39,44 | | 2340 | 39,44 | 39,44 | | 2341 | 39,44 | 39,44 | | 2342 | 39,44 | 39,44 | | 2343 | 39,44 | 39,44 | | 2350 | 39,44 | 39,44 | | 2351 | 39,44 | 39,44 | | 2352 | 39,44 | 39,44 | | 2353 | 39,44 | 39,44 | | 2360 | 39,44 | 39,44 | | 2361 | 39,44 | 39,44 | | 2362 | 39,44 | 39,44 | | 2370 | 39,44 | 39,44 | | 2380 | 39,44 | 39,44 | | 2391 | 39,44 | 39,44 | | 2400 | 39,44 | 39,44 | | 2410 | 39,44 | 39,44 | | 2421 | 39,44 | 39,44 | | 2422 | 39,44 | 39,44 | | 2430 | 39,44 | 39,44 | | 2443 | 39,44 | 39,44 | | 2444 | 39,44 | 39,44 | | 2450 | 39,44 | 39,44 | | 2451 | 39,44 | 39,44 | | 2452 | 39,44 | 39,44 | | 2460 | 39,44 | 39,44 | | 2461 | 39,44 | 39,44 | | 2470 | 39,44 | 39,44 | | 2480 | 39,44 | 39,44 | | 2482 | 39,44 | 39,44 | | 2490 | 39,44 | 39,44 | | 2491 | 39,44 | 39,44 | | 2492 | 39,44 | 39,44 | | 2500 | 39,44 | 39,44 | | 2510 | 39,44 | 39,44 | | 2520 | 39,44 | 39,44 | | 2530 | 39,44 | 39,44 | | 2540 | 39,44 | 39,44 | | 2541 | 39,44 | 39,44 | | 2550 | 39,44 | 39,44 | | 2560 | 39,44 | 39,44 | | 2561 | 39,44 | 39,44 | | 2570 | 39,44 | 39,44 | | 2580 | 39,44 | 39,44 | | 2591 | 39,44 | 39,44 | | 2600 | 39,44 | 39,44 | | 2610 | 39,44 | 39,44 | | 2620 | 39,44 | 39,44 | | 2630 | 39,44 | 39,44 | | 2640 | 39,44 | 39,44 | | 2650 | 39,44 | 39,44 | | 2651 | 39,44 | 39,44 | | 2660 | 39,44 | 39,44 | | 2670 | 39,44 | 39,44 | | 2680 | 39,44 | 39,44 | | 2691 | 39,44 | 39,44 | | 2690 | 39,44 | 39,44 | | 2700 | 39,44 | 39,44 | | 2710 | 39,44 | 39,44 | | 2720 | 39,44 | 39,44 | | 2730 | 39,44 | 39,44 | | 2741 | 39,44 | 39,44 | | 2742 | 39,44 | 39,44 | | 2750 | 39,44 | 39,44 | | 2760 | 39,44 | 39,44 | | 2770 | 39,44 | 39,44 | | 2800 | 39,44 | 39,44 | | 2810 | 39,44 | 39,44 | | 2820 | 39,44 | 39,44 | | 2830 | 39,44 | 39,44 | | 2841 | 39,44 | 39,44 | | 2842 | 39,44 | 39,44 | | 2850 | 39,44 | 39,44 | | 2851 | 39,44 | 39,44 | | 2852 | 39,44 | 39,44 | | 2853 | 39,44 | 39,44 | | 2860 | 39,44 | 39,44 | | 2861 | 39,44 | 39,44 | | 2870 | 39,44 | 39,44 | | 2871 | 39,44 | 39,44 | | 2872 | 39,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 | | 29,44 | 39,44 |

*10 | Tax Rules for 8to | | | | :--: | :--: | :--: | | Rule 18 | | 34 | | Rule 24 | | 34 | | Rule 47 | | 39,44 | | Tax Rules of Judicial Administration | | | | Rule 5 | | 37,47 | | Rule 7 | | 37,47 | | U.S. | | | | Ake v Oklahoma | 47005 78,84 | 59 | | Alabama v Shillers | 535056654 | 48 | | Angeringer v Hanitian | 4070525 | 48 | | Brady v Maryland | 3830583,87 | 51 | | Evits v Lucey | 46905387 | 47,51,52,54 | | Gidem v Wamwright | 37205335 | 48 | | Hughes v Rouse | 449055 | 24 | | Iowa v Tovar | 5410571,80 | 27 | | McCoy | 486058438 | 54 | | US Constitution | | | | Amend I | | 39,41,44,57,61 | | 4 | | 41,44 | | 5 | | 39,41,44,47,48,51,57,61 | | 6 | | 39,41,44,47,48,51,61 | | 14 | | 39,41,44,47,48,51,57,61 | | 2805 C 1107, 2254, 2255,.. | | 43,44 | | 18 | | |

*11 D. Statement of Case

Defendant convicted and sentenced on Nov. 18-19, 2015 in Montymery County, in the 359th District count located at 2010. Dullig St., Cones, in 17201, Judgy Kathleen Hamilton guarding over bombtried on course of 13-04-04450-CR for agravated sexual assault of a drink that tried the court granted defendant the ability to appeal the conviction and tried caused filed notice of appeal and motion to wollidraim Dec. 13, 2013.

Appliant is appealing conviction through the 14th count of Appeals in Hanna County, located at 301 Fannin St., Ste. 245, Houston, in 17002, case of 14-14-00104-CR, 14-14-105-CR, 14-14-00104-CR. Respondents (Deputy Clerk of Court, Clerk of Court, Chief Justice and Justices of 14th Count of Appeals) as named in A. Identities of parties; Respondents', list the court officers, titles, names and office. Relator seeks to have the clerk of Court to endorse file on docket, provide endorsed copy back to Relator, subant to Judge for a ruling, and communicate any defects in the petitions (letters, editions, responses) to Relator for an opportunity to correct or amend the defect. Additionally he requests the Clerk of Court and the Judge riding on these items to construe the petitions liberally as Relator has been deproved. I desired access to courts at the time in which he originally submitted these items. All items sent to court of Appeals by Relator should be retrieved by Clerk of Court and individually filed as a separate docket to so the judge can rule on each. Relator requests counsel for the complenty of these issues to represent him, in the interest of justice. He also requests a post-mortem review, so as to ensure that others are not prejudiced in the same way. Relator seeks the timetables to be rest to the post at which he gave notice of appeal and requests appointed

*12 caused to represent him. Relator seeks to file a nation for newtrial, during which time the courts failed to perform their nonaterial ads (duties within a 'reasonable' time frame. Relator seeks to have the opportunity to his 'quaranteed' rights' right to perform, right to counsel, right to effective assistance of counsel, right to a fair and inigertial trial, due process, so to include his liberty (not just physical) but his fundamental rights. Relator requests the Respondents to perform their ministerial acts (duties as required as officers of the court, as required by law. Relator further requests the Criminal Court of Appeals, or an appointee of the court to monitor this case to ensure there is no ratabation for bringing forth this wort of mandamus/extraordinary malers. Relator requests the opinion by the court free 2, 2014 and the mandate issued in Feb/March, to be vacated, along with the additional requests for relief presented in Section F. Issues presented for relief and its subsections.

*13

E. Statement of yersstiction

As dritated by law and cases cited a defendantis entitled to the following as rights preseribed:

The right to the process, it is through the process that, 2 the defendant is entitled to counsel at every stage of critical proceedings; and
he is also entitled to the right of effective assistance of counsel on his first appeal.

The Court of Criminal Appeals has appraised procedurad methods for resdving issues "sooner rather than later" and emphasized the importance of rectifying denial of constitutional guaranteed rights. A motion for new trial is the only opportunity to present matters for appellate review, thus a motion for new trial heacirg is the proper time to develop a record to determine itens such as ineffective assistance of trial counsel involuntary pleas, improper admeishments,... A hearing on motion for new trial is the only opportunity to present to trial court certain matters that may warrant a new trial and to make a record of those matters for a ppellate review. This period for filing a motion for new trial is a 'critical stage' in which defendants are entitled to the assistance of counsel.

*14

Issues presented for relief ( 10 points of relief)

Relator in has been de peined of, or denied by Respondents of the following rights guaranteed by the U.S. and or Texas Constitution:

Due process
Right to counsel
Right to effective assistance of counsel
Right of Access to Courts
Right to counsel during 'critical stage' of trial (No counsel)
his liberties, ability and rights to seek or pursue relief

From conviction as mandated by laws, procedures or rules. [This be is being illegally debained in violation of rights listed above]. Respondents acts on omissions of ministerial acts on duties that have denied ldepeined Relator relief are presented to the Criminal Court of Appeals for review and further presented for relief in the interests of Justice: 7. Failed to place all editions, lellers or responses on dacket as required by law and notify, Leply to all parties. 8. Failed to reply or respond to lellers, motions or responses by Clerk of Court or by Judicial order (decision). 9. Failed to contact all parties within a 'reasonable' time frame. 10. Courts has refused denied a printout a fair + impartial appeal.

The issues presented above are ministerial acts and on duties glared on the courts prescribed by law, procedure or rules. Relator has exhausted all remedies allowed by law, procedure or rules. There are not any other remedies available to the Relator.

*15

Related concept by Relator

Relator seeks the Criminal Court of Appeals to mandate the following through the Court of Appeals in the interests of justice. There noted below fellow sections to statement of facts and it, Proposed. Section listed yolution of Moresbival acts iduties mandate the Court of appeals to:

Retrieve all items submitted to the court by Relator.
Endorse and file each of them on the docket
Notify both parties once items have been placed on the docket; or notify both parties of any defects in the petition | motion, so they may be appended or corrected.
Present them to the Today to be ruled upon in a brandy manner.
Literally construe Relators submitted petitions, letters, notions, responses for the entire substance, as he was without counsel and without access to courts (low library) during much of this time, preyealicing him from filing items correctly.
Notify both parties of anticipated date of ruling and ensure communication with Relator.
Reverse the mandate and opinion filed, abate appeal for further review.
Reset the three tables away, at the point at which Relator gave notice to appeal.
Require court to perform after action review to ensure the business, communication and proper management of docket (to ensure this does not happen to others).

*16

Knows Relators quaranted right to politen
Not allow calculation or prejudice for Relator subsidy work of mandance requesting relief through the Animal Court of Appeals.
Require the court to test at the entire substance of the quittions nations, letters or responses when construing it, due to the lack of access to courts and counsel. Not being a lawyer, Paraloply or legal assistant Relator was without the knowledge to propely submit formal and the arguments (squatars needed to propely submit issues before the court.

Section bither: Violation of Relators Constitutional Rights thand to the court of appeals to:

Ensure the process by allowing him to petition courts for relief and submit his letters, matrins, responses (petitions before the court and have a Today rule on the items) issues presented to the court (whether submitted timely or not).
Ensure Relator can file for post conviction relief as noted above and recalves relief in the interests of justice.
Allow for out of time filings due to "extra and many matters" submitted to the courts, and react three tables a new.
Quast Relator a fair and impartial trial, by appacking new counsel.
Ensure Relator receives the opportunity to file a motion for new trial and is appointed counsel at this 'critical stage' as the was not appointed counsel during these two periods.
Appart new counsel on direct appeal and mandate counsel to pursue the issues. Theories Relator brought to the courts attention.

*17 in his previous letters, mutuies, cespuses giddiness 7. Ensure that Relator has 'meaningful' access to counts via the law library. Issues at TBCI have generated Relator from access (as well as many others) to the law library making it very difficult inpossible to meet the counts stringent deadlines. 8 Relance Relator as he is being detained illegally if the counts / TBCI can not comply with the mandate and Relators guaranteed Constitutional rights.

In apputing new counsel for direct appeal and for counsel to segment short during motion for new trial, Relator has identified a theory during the appol that would require development in a motion for new trial. Relator expects that the local court when apputing new counsel,mandate the newly appointed counsel to explore inintitable theory to be filled in a motion for new trial.

*18 Fantharisis 7 Wont granted, returned to the gour at which he gave notice of appeal. Since returned coumest failed to deliquity graecute appeal. This conduct amounts to a brarch of legal duty. Nist of 5285028259 Conta look to the entice substance of an order in constringit. In ce Mars 1525038617 Order is void if it is beyond power of court to enter it, or if it exposites Relation of liberty to thent due process of law. In ce Slein $33150038535$ To establish abuse of discretion. I legal duty to 21 asked be perform. 21 failed 1 ofured to do so... A trial court is required to consider and rule upon a rathin within 'ceasurable' time. In ce Mohin 9435028885 While disapproving of of inies on former rule of 19062 (b) as authority, the Criminal Court of Appeals has approved procedural methods for resolving issues "Sorner rather than later" and emphasized the importance of recalving denial of court. Subsidiary night to counsel. Sdaxar 222202387 Prisonics Due to rights complaint however inartfully filed is hold below strungut standards them formal pleadings drafted by lawyers. Quabes, Rove 449055, 101584173 The method of giving a bice of appeal has been liberalised and made less technical, out of time appeal allowed to grafeet record, because

*19 of confusion among attorney the appeal was not gralected. Ex. lorte Bradley 5465024305

Pobtman deprived of his right to direct appeal with assistance of counsel. Federal cases cited holding an indigent is entitled to have apportment of counsel on appeal. Pulmonary 4385024304 can?

Mandamos under tobacco 101, defendant files post conviction relief in Irish court the court must enter under wothin 20 days. Trial court order was untrisely. Unit of Mandamos dareching District Cleft to do job. Court of Criminal Appeals conditionally issued. Martin a Manlin 253034118

Delendants rishin 784218 and 80 (c) to state appeal for filing out of his rothin for two trial was granted where new evidence has been discovered since which caused the issue of whether the forensic serologist gave peryured best-many. Perouse newly discovered evidence may not be proper claim to be raised by petition for post conviction relief. Federal Corpus Suspension of rules is required here to prevent miscarriage of vistice. Juff 10th 8183024199

The 4th amad safeguard hasn accused who faces incarceration the right to counsel at All. 'critical stages' of the criminal procedure. January Tovar 5410517180

Denial of counsel at All? critical stage entitles pothman to relief Ex. lorte Stanford 571202428129

*20 In affertive assistance of counsel with a counsel devises the opportunity to take advantage of an available country, so order to snow payable, the need merely show a reasonable probability that the would have been avoided inwistly of that country. E. Bacto Cross. 18030384135

It was error for the court to deny the defendant the opportunity to present evidence of such ineffectiveness. The appeal was abated to allow the trial court to determine the merits of defendants claim. Section 104130004557

Defendant denied effective assistance of counsel on appeal, entitled to out of time appeal, where returned counsel took no action to preserve defendants appeal rights, despite defendants desire to appeal. E. Bacto Assl. 15730228369

The determination of whether a particular time period is a 'critical stage' human or assessment whether at the time in question, the accused required and in ceping with legal problems or assistance in meeting his adversary. In the was deprived of important opportunity which he would have otherwise had as of right. Opportunity to present his motion to trial court, opportunity to have a trearing and make record for appellate crown... That fore the appeal of this case is abated, the case remanded to trial court to the guard at which defendant was convicted and sentence imposed. The bumbables for motions for new trial shall begin cussing a new on the date opinion is received by the United States. If trial court grants motion, the record will be supplemented with courts order and recorders record of any trearing on such motion.

*21 and parties will be prmitted to brief $A N H 155$ ues related to the associated motion. Touth

*22 The defendant was entitled to remind for the appointment of counsel and filing of a motion for new trial assisted by counsel. During the third day period for filing of a motion for new trial, NO CONSER was appointed to represent the defendant. The motion for new trial is a critical stage at which counsel is required.

RADISE RADISE 1265032534 See also similar cases; Champion 82503279,1265032686 and Garcia 975032343 + Ahorez 795032619.

*23 G. Statement of facts

I VEGLATION OF HIBISYNTHAL ACTS/ DUTES

Respondents have denied Idequied Relator from obtaining relief and his quaranted constitutional rights, by not performing their ministerial acts (duties and refusing to do so pursuant to the codes laws, procedures and rules for offices of the courts.

Munsterial acts (duties include: endorsing the petition) motion, filing on the docket, subsailing to the Judge in a tively manner, rule on petition, respond to all parties, allow part, an opportunity to append an correct defect, if possible, oversee the docket process as well as manage it, liberally construe the rules for Prose geblowers.

See Appendix for: Blacks Law Dictionary for definitions of Ministerial act, duty officer, TCEP 2.03, 2.14, 2.21, 2.22, and the included affidavit and Statement of events. Section H. Argument I VEGLATION OF HIBISYNTHAL ACTS / DUTES

Follows this section of Statement of facts and continues throughout (in relation Q 1 corresponds to H 1 , Q 2 to H 2 , ...) 2. Respondents failure to docket case and present to Judge. Respondents have failed to perform their ministerial acts (duties as prescribed by law). 3. Respondents failed to docket case in 'reasonable' time 4. Respondents failed to reply, respond or communicate with Relator, not even a courtesy reply. 5. Respondents have failed to present prejudice. By not performing acts (duties as officers of the court. See attached affidavit and Statement of events.

*24 II RESPONDENTS VIGGENT RELATERS REGHTS PETICTSON Relator subsilted several petitions to the court showing his due diliques by bringing items forward to the courts attention. Respondents have refused to perform their ministerial acts! duties as required, in accordance with the laws, procedures or rules of the court(s). Respondents failed to place items on the market and submit for a Judge to rule on. This denies deprives Relator of his opportunity to petition the court prosent a defende, seek relief, appeal conviction, and dueproess. See attacked affidavit and statement of events in the Appendix. III. VIGGATION OF RELATERS CONSTITUTIONS REGHTS I. VIGGATION OF RELATERS CONSTITUTIONAL REGHTS

Respondents refused to perform ministerial acts / duties pursuant to codes, laws, procedures and rules as officers of the court vidates Relators guaranteed Constitutional rights, to include; but not limited to: A. Relator denied/degrued of due process right B. Relator denied/degrued of right to petition C. Relator denied/degrued of fair and impartial trial. D. Relator denied/degrued of right to counsel E. Relator denied/degrued of right to effective counsel F. Relator denied/degrued of access to courts right G. Relator denied/degrued of liberty and is illegally being detained. See attacked affidavit and statement of events in the Appendix.

*25 A. Argument I. VIOLATION OF MINISTEREEN ACTS / DUTES I. VIOLATION OF MINISTERIEN ACTS / DUTES

I Summary The acts I duties. Sought to be Compelled by Respondents are ministerial, and disembriracy in nature.

I authorities I Respondents ministerial acts I duties are imposed on clerks and Justices I officers of the court pursuant to T.C. $2.2 .03, 2.16, 2.21, 2.22$ See also In re. The State of Texas. Ex. Relational Remando Ildelabre Book Tex App lexis 109

Being an officer of the court, the clerk is subject to the courts on- edition and control is exercising ministerial duties such as filing documents, the clerk receives documents for filing an behalf of the court. Reciprocal is Saddleback, NY 1043038171.

I evidence I see attachment: affibibint

I have I Respondents neglect of duty and refusal to perform ministerial acts I duties denied I depprovii Relation of his Constitutional rights to iaphtion the court For post conviction relief, agreed conviction thus previsiting him from the process, counsel, right to effective assistance of counsel, access to courts and his liberty. Relators guaranteed rights as pre-scribed by law have been denied I deppried, which has resulted in a miscarriage of justice and grejudiced the Relator of his Constitutional rights.

*26

FAZLURE TO DICKET CASE AND PRESENT TO JUDGE [Summary] Respondents Failure to endorse performance, there is referring to any letter, redition or response sent to the court by the Relator, place on docket (regardless of the timeliness or un- tradiness of the filing) and present to Judge for a ruling on a timely manner in accordance with better of the Clerk.

Clerk is court abused description by refusing to file letter of party
who was attempting to speak: To be Swith 270303d783.

The District Clerk has a sumstaried body to accept and file all
producing, presented for filing. To be Summends 271303d 874.

Tevidence] See attached affidavit, See statement of events.

I have] Respondents neglect of duty and refusal to perform
sumstaried acts (duties denied/deprived Relator of his Constitution)
rights to: petition the court for post conviction (clot, appeal, conviction,
thus preventing him from lose process, counsel, cight to effective
counsel, access to courts and his liberty. Relators guaranteed rights
by law have been denied/deprived, which has resulted in a miscar-
rage of justice and prejudiced the Relator of his rights.

*27

FAILURE TO FILE AND DOLLET CASE WITHIN 'REASONABLE' TIME [Summary] Respondents refusal to place items on the dotest and greatest to Judge for making within a reasonable' time.

[Authorities] TRAD 35.3(a)(c), 69.4 Trial Court has 'reasonable' time within which to act before Court of Appeals will compel action through issuance of West of Mandamus and whether time elapsed is dependent upon circium? stances of each case. In C. V. Marroel 965 W 3d 708

[Evidence] See attached affiadent, See statement of events

[Harm] Respondents neglect of duty and refusal to perform ministerial acts (duties denied)deprived Relator of his Constitutional rights to quidation the courts for post-conviction relief, appeal conviction thus preventing his from true process, Pounsel, right to effective assistance of counsel, access to courts and his liberty Relators guaranteed rights may have been denied (deprived) which has resulted in a miscarriage of justice and paypricted the Relator of his rights.

*28 Respondent refused to place petitions on the market for a Today to rule on in a timely manner (whether or not petitions was filed in a timely manner or not), further the Respondents have not communicated with both parties of any defect in the petitions submitted, nor has Respondents given Relator to correct or address any defect or issue working the petitions had there been any defect or issue contained within or enriched from the petition.

When court refuses or dismisses a petition, the clerk will send to
parties and States Prescribing Attacacy's notice informing them
that the petition was refused or dismissed. TRAP 69.4(a)

If court finds that motion for time was timely filed and
party did not within time for filing the motion for re-hearing
(an hour, PNDy...) receive the notice or have acknowledged
Knowledge of judgement of order, court must grand motion.
The term for filing document will begin to run on date
when court grants motion. TRAP 4.5 (d)

[Eudience ] See a thated effdant

*29 [Hara] Relator subsided multiple petitions to the court seeking postconviction relief and seeking to appeal his conviction as allowed by law. The apostleats refused to perform ministerial acts (duties by failing to communicate with both parties and or report any defects in the petitions. Thus has prescribed Relator from obtaining relief as allowed by law, thus a denial and depreciation of his Constitutional rights to: petition courts, appeal his conviction, the Poecess, right to Council, right to effective assistance of Council access to courts, and his liberty.

FALLURE TO: PREVENT PRESUNICE, OVERSEE PRONPT DISSESSITING OF DACKET, DACKET MANAGEMENT: [Summary] Respondents failed to ensure proper docket management through receipt of petitions, marketing case in a timely manner, to ensuring that each has a prompt disposition. Failure to perform ministerial acts (duties results in prejudice calculated to injure the rights of the Relator, thus in violation of Codes, rules, laws procedures, Canau, ...]

[Authorities] Code of Judicial Conduct Canon 3, JECP 35.18, TRAP 41, 4.5.39.8(2), 63.4, Tax Rules of Judicial Administration, RS, 7. To Shing petition, motion or letter whether timely, completely, check of court must file and forward to appropriate Appetite Court, check of Court abused dueration by refusing to file letter of party who was allrupting to appeal. In re Smith 278303d 7.83.

*30 Instrunced deemed filled with proper Clerk of Appalate Court units receipt by Clerk of Court District Court has a unistivial duty to accept and file pleading presented in Eding. Bucon"לan File has to $928.5 m 2 d 286$ .

Court of Appala failed to afford without opportunity to file a brief... There 8623 m 2 d 489

Tried Court has reasonable time within to act before Court of Appala will cuspid action through Lord of Mandaums. In 18 Villacresl 965 m 2 d 188

「Evidence I See attacked offclort, See statement of events

I have 1 Polator seeks to appeal his conviction and seeks post conviction relief. Polator is submitted multiple petitions to the Court of Appala to be placed on the docket and ruled on or replied to. Respondents ministerial acts I duties are to spent to the court by placing petitions on the docket; whether submitted brandy or not. No response has been received by the Clerk of the Court / Court of Appala, not even a courtesy reply has been extended. The Clerk of Court has been given 'reasonable' time per statute to place items on the docket and for the clerk of covator court to rule on the petition or reply I respond with Polator.

*31 IT RESPONDENTS VEALATED RELATORS RELORIT TO PETETIAN 1 RESPONDENTS VEALATED RELATORS RELIFT TO PETETIAN [Summary] Balator submitted several additions to the court showing his due biligree by bringing to the courts attention issues related to his case and his Constitutional rights, to which he is entitled to relief in accordance with the Constitution (US andte) as well as codes, laws, procedures and rules. Balator has been unsuccessful in getting replies or responses from the court. The US and Texas Constitutions as well as several codes, laws, procedures and rules provide the convicted vehicles for post conviction relief. The following is not an exhaustive list: Nations (nustrial, exrassum of time, new counsel, re-heating, suspension of rules), Nabeas 11.07, 28 USC. 2254,2255, visits of extraordinary issues standawus, demand in the interests of justice. Additionally the rules provide for those that are convicted (incorporated) and are indigent or proceeding from the following: 1848 Appendix I local rules, construction of the rules, in order to avoid prejudice to ANY person who makes good faith effort to comply with the rules. [Southochies] USCA.1.5.6.14 Tex. Court 1810,19, TCEP.1.04,1.051, 1848 Va.105.201.31(9), 25.2(2), 32.13)(3), 31.31.4, 121.1)(2), 18.2 Appendix I local 94814 Tex. R. C. 100.47

*32 The Abygine therefore does not require a question to undertake repeated exercises in fittidy or to exhaust every magnitude option, but rather to make reasonable efforts. However, the due Abygine inquiry is so individualized one that "most take, you account the conditions of confinement and the reality of the prison system." Mactenagca 298 F 3d 8592 Acon, US 291 F 3d 708 (CA 112002 ) [Evidence] See attached affilait, See statement of events [Harm] Respondents should I deproton of denied/deprived Relator of his Constitutional rights to petition the courts for post conviction relief as allowed by law, procedure, rule. Thus a denial of his Constitutional (US+Tx) rights to: petition the courts on his appeal, petition the courts for post conviction relief, causing a miscarriage of justice as Relator is denied of the process, counsel, right to effective assistance of counsel, right to access to courts, and his liberty.

II. VISLATION OF RELATORS CONSTITUTIONAL REGHTS I. VISLATION OF RELATORS CONSTITUTIONAL REGHTS [Summary] A direct result of Respondents refusing to perform their ministerial acts (duties has caused a mis- carriage of justice, calculated to injure the rights of Relator. Relators guaranteed rights as prescribed by law have been violated. US and Tx Const laws guarantee certain unalienable rights. The following list shows that Relators rights were violated while publishing court for relief.

*33 Eauthorities JUSCA 1,5,4,14 Tx Const 1819,19 Tece 1,04, 1,051 Evidence I See attached EAdent use statement 6 words E Harm I Relator submitted multiple petitions to the court For relief Respondents refused to perform ministerial acts/ duties, thus denying Relator relief as allowed by law. Respondents refused to place petitions on the docket and present to the court in a timely manner for a Judge to rule on, or even provide the common courtesy of a response, or notify parties of any defects in the petitions. Respondents have been given 'reasonable' time to perform acts/ duties. A. CONSTITUTIONAL READTS OF DUE PROCESS VECATED

ESummary I Under TRAP 25.2, Relator has the right to petition for an appeal and seek, pursue post conviction relief. Relator submitted several petitions to the Court of APPERLLS For post conviction relief as allowed by law. Respondent refused to endorse, file on the docket (whether presented timely or untuolely), notify both parties, provide poetry on opportunity to command any defect in the petition and present to Judge in a timely manner to rule on. No his Relator been extended the common courtesy of a response or reply by the Court of APPERLLS.

Eauthorities JUSCA 1,94,5,4,14 Tx Const 1819,19 Tece 1,04 TRAP 25.2

*34 The FSSh and Fourteenth a wead made grovblit the government from deproving an estate of the 10 toch on property without due process of law. A violation of procedural due process requires 1 that the State has vdeclared with the inmelds protected libertyor property, interest, and 2) that procedural safeguards were constitultionally insufficient to protect against unjustified depremations. 4d Gro L.3. Ann Rev. Crim Proc. 1074, 1075 (2013) Whether coded directly in the Due process shown of the 14th amend or in the compulsory process or confrontation shown of the 15th amend, the Constitution guarantees criminal defendant is meaningful opportunity to present a complete defense." Hebrew, Tz 323 340 3d 162, 2010 Tex App lexis 17 The right to zproust a complete defense is rooted in the Court to Due process under both $5^{th} + 14^{th}$ amend to U.S.C. Right to due course of law under Tex Act 1819 Hestery 4545433d 106 [Evidence] See attached affibait [Horm 3 Relator submitted multiple pibitions to the Court of Appeals. Respondents refused to file pibitions on the docket and bring items to the Judges alle dion to rule on. Respondents refused to perform mun stecial acts idudies denied ldeprived Relator of his rights as prescribed by Constitutioinal law. Relator is being detained without the guaranteed provisions and rights provided by US and Texes Constitution.

*35 R. REOINT TO PESTION COURS FOR POSTCONVERTION RELIFE

DENCED BY COURT

Summary: The US and the Constitution laws, procedures and on rules contain several vehicles for post conviction. Relief for prisoners pursuing relief from conviction. The following is at an exhaustive list of vehicles in which one can seek to pursue relief: 2305c, 2254, 2255, Hobeas 1101, 1849, 10, 25.2 as well as various motions (for two counsel, two trial, and 25.2) to the court of mandamus, extraordinary relief, and Relative submitted. The same

Relative continues to show the court due diligence in pursuing this matter, and continues to bring these extraordinary matters to the courts attention. Respondents refused to perform ministerial acts (duties is a direct violation of due process and impedes Relative from petitioning and receiving relief by the court as allowed by law and guaranteed via his constitutional rights. Not only have the Respondents not filed and docketed the petitions the court of Appeals has not managed the docketing process to ensure that all items are timely filed on the docket and submitted, the Judge to rule upon in a timely manner, not have any steps been taken to reply or respond to the Relative, Relative submitted extension of time due to issues beyond his control, these extraordinary matters should be reviewed and ruled upon by a Judge.

The courts have the ability to invoke two sports

The 2 b to suspend certain rules, in the interests

*36 of justice' to allow Relator additional time to file his brief or response, because of interference by the government (TACI), and or any other extra ordinary cause that may cause prejudice to Relator. In 1848 Appendix I Construction of the rules it states the rules must be literally construed as to avoid prejudice to ANY person who makes a good faith effort to comply with the rule. Relator shows not only his aus diligence but also asserts that he has made repeated attempts to communicate with the court, showing reasonable efforts on his behalf and a sensible time for the court to reply or respond. In Relators additions, whether they contain defects or not, are filed briefly or not, are not the proper such as to however, inactfully, filed before the court, the court should grant Relator a variance from the rules 'in the interests of justice' as he is not a lawyer, paralogal, and the court should take into account the conditions of confinement as well as the reality of the prison system.

[Eudence] See attached all. daun. See statement of assets
[Harm] Respondents refused to perform ministerial acts (duties directly, reports Relators guaranteed constitutional rights of
Due process, this ability to petition the courts for post

*37

*38

"Relators petitions contain 'extra ordinary matters' for the courts to review Relator submitted these items fissues to Respondents so they could be ruled upon.

A. RelATERS RIGHT TO A FOR AND IMPARTING TRIAL VIGAJEED

Summary: Respondents refused to perform ministerial acts/ duties deny/ deprive Relator the right of a fair and impartial trial as guaranteed by Const. rights. It is through Counsel and access to courts in which a defendant or Relator can safeguard his rights. It is through petitions to the court for a ruling on past conviction relief or appealing one's conviction. It is through the court the Relator submitted and seeks relief; but after multiple attempts to communicate with the court unsuccessfully. Relator has been denied Counsel during a 'critical stage' of the appellate process (30 days past conviction is the only time to file motion for new trial), this stage is the time to expand the record, advance theories... Relator was not appointed Counsel until almost 1 months after conviction. Also, Appellate Counsel was made aware of this and did not pursue safeguarding Relators rights. Relator made court aware of several other violations and issues with Appellate Counsel making them aware he was not afforded effective assistance of counsel, in the 'totality' of representation; it is if there was no counsel at all. Relator is guaranteed the opportunity to present a defense and effective assistance of counsel on his first appeal.

*39

*40 D. CONSTITUTS AND REAUT TO CONMEL VIOLETTED [Summary] The courts vldated Relators right to counsel. The courts did not appoint ANH counsel during 'critical stages' of proceedings Relator submitted problem to the court informing them he had No counsel during this stage, he requested counsel for the time period to file motion for new trial; which is deemed a 'critical stage' of proceedings, and requested to reset the time tables 'anew'. Respondents refused to place items. I pretitions on the docket for a Tudge to rule on.

[authorities] US$A 5,14 TEx Const 1810,19 TEcpl. 04, 1.051 As a matter of Fed Cont. law on voldignd defendant is entitled to appointment of counsel. Eademultainwougt 372 U 335 The requirement of Eadem applies to any case in which the sentence 10 pased mustues a loss of liberty. Angeringery Hention 407 us 25

If deservation of liberty is possible outcome of a conviction, counsel is required reguordless of whether confinement I sentence is actually 10 posed at time of conviction. Alabomou Shillers 535 us 654

Where defendant argued that he was entitled to assistance of counsel in the prep. and presentation of his motion for new trial, the case would be remanded to the court of Appols for consideration of his claim. The motion for new trial is a 'critical stage' of a criminal case to which right to counsel applies. Insuffectivess of Counsel, defendant denied

*41 effective assistance of counsel during today period for bling for new trials. Defendant argued that conflict free counsel been appointed he would have filed motion for new trials, which would have demonstrated trials counsels wheels as new. hoped abated, remanded for new appointment of counsel with opportunity to file motion for new trial. Mvance 79.5038679 Time period for filing motion for new trial was 'critical stage' of proceeding for purpose of determining whether defendant was desired effective assistance of counsel. Failure to appoint counsel for appeal until AFTER deadline for filing motion for new trial had passed, defendant was denied right to counsel at 'critical stage' of proceedings, USCAE Oldham 889.2022d 461 Such as the actual or constructive denial of counsel altogether at a 'critical stage' of a criminal proceeding, ... procedure is presumed. Jack 64503 d 694 A motion for new trial is also the proper time to develop a record to demonstrate ineffective assistance of counsel during trial. Television 56550228938 Hearing an motion for new trial is the ONLY opportunity to present to trial court certain matters for appellate review. Motion for new trial herring is the proper time to develop a record to determine ineffective assistance of counsel during trial. USCAE, TRAP 43.6, Mvance 79.5038679

*42

*44

*45 of counsel See also Davis 228503d717 Salazar 222503d7 ... retained counsel took no steps to see that publisher was afforded a meaningful appeal and such in action was taken without publishers knowledge ... retained counsel failed to deliquely prosecute the appeal after representing that he would do so This amounts to a breach of legal duty by retained counsel. Shields 550302d670 Defendant did not wave his right to complain on appeal of ineffective assistance of counsel at trial by failing to object to errors at trial TPAP 33.1 (a) can not be read to bar appitate claims of assistance... Robinson 16503d 808 In Domes, S.C. the Supreme Court stated whether coded directly in the Due process clause of the 14thament or in the comp- ulency process or confrontation clause of the 6 thament the constitution guarantees a criminal defendant's meaningful opportunity to present a complete defense." VebmeyTs 323503d 163 For purposes of ineffective assistance of counsel, Criminal Court of Appeals will not reverse conviction due to counsel's failure to investigate facts of case UNLESS consequence of failure to investigate is that the sale inside defense available to accused is not advanced and there is reasonable probability that, but for counsels failure to advance defense, result of proceeding would have been different. USCAE McFarland 928502d 2182

*46

*47 a 556.35 kg conpelance on applase court holds counsel accountable for knowledge of the ability to attain knowledge of relevant matters which are neither novel or unsettled. McClain 2015 Tex App Lexis 2505

Due Process violation of 14th argument, use of specified testimony. Ec Forte Castellano 86330244716

Evidence: See attached at Bishunt, See Statement of events

I Hard I Relator did not waive his right to effective assistance of counsel. Further, Relators rights were denied by Respondents failing tofiusing to perform their ministerial acts (duties. By not filling Relators partitions on the docket and subsulting to the court for review in a timely manner, a Today could not rule on the petition. Relators partitions for past conviction relief as allowed by law have been denied in violation of his constitutionally guaranteed rights, it is through Due process Relator seeks to spin effective assistance of counsel.

E RELATORS CONSTITUANN RIGHT TO AGEES to COURTS HAS REEN VIOLETTED

L Summary: Relator submitted evidence to the court of apposits that he was denied 'meaningful' access to courts on several occasions; especially during 'critical stages'. of trial and he requested relief.

*48 Ridder filed complaints and grunures with TNC and not only informed the court. Ridder provided evidence to the court of the grunances filed. Ridder was denied access to the law library. A several times by security not performing their jobs. Now, attempts to bring this up went unheard, not only by speaking, or asking to speak to a supervisor. TNC officials denied Ridder access to speak with supporters, Complaints submitted went unannounced, and grunances were not perceived or followed up on. 2) wait was on lactdown for almost a month during the time. Ridder was attempting to research his case and prepare a response to the court. 3) Ridder was on 'medical chain' and away from the unit during this period. While on medical chain he did not have any law library access and upon return he was in 'over flow' for quite sometime. During this period the ONLY time. Ridder was allowed out of cell was to shower. There was no recreation, day room, phone, law library. Church, commissary access. It was 24 hrs a day confinement; it was NOT for disciplinary reasons. It is through access to courts whose Ridder can learn the laws procedures and rules of the court. Without proper 'meaningful' access an appellant can not meet the strict timelines of the courts, he can not possibly learn all of the laws procedures, rules that pertain to his case. Without meaningful access he also can not properly submit motions or even possibly articulate matters to the courts in a manner that

*49 would comply with even most of the rules. Without access to courts an applicant I defendant is left in a cell to stare at the 4 walls without the means to defend himself or he able to seek due process by Sling quotations. Un

*50 The 5.8th and Funtreds amend prohibits the government from depriving an inside of life. Study on property without the Process of law. A indetion of procedural due process requires it that the state has delayed with the inside's godected liberty or property interest, and 2 that procedural safe guards were constitutively insufficient to protect against unjustified depositions. 42 Cren L.I. Ann Rev Crim Proc 1014, 1015 (2013)

Due diligence there fore does not require a presumer to undertake repeated excessises in futility or to exhaust every inaguable option, but rather to make reasonable efforts. More over, the due diligence inguire is an individualized one that "must take into account the conditions of confinement and the reality of the prison system." Montenegro Aramuss 291 F3d 768 ... right of access claim stated presumer pursuing legal action denied access to courts for 25 days during lockdown in wake of prison sirt. 42 Cren L.I. Ann Rev Crim Proc 1045 (2013) ... poison officials established for excercizing 1st amend right to petition. Simpson's Nickel 450 F 3 d 303,305 ... thereby violating the 1 stamend and right of access to courts. The right of access to courts is fundamental See Jobnson v Avacy 39305483,485,89584741 See also Bounds v Smith 43005817,821,97584747 Thaddeus. Xv Blatter 175 F 3 d 378,391 [cating that it is now established that presurics have a constitutional right of access to courts, which extends

*51 to direct appeal. Dec. 2 y 10 after 101 F3d 439 (6A 6 2010) Phonongful access to justice has been the conititit theme of many of cases. We recogniy long ago that there access to courthous doors does not buy itself assure a proper functioning of the adressory process and that a criminal brail is fundomesting untain if the State proceeds against an indugnt defendant without making Certain that he has access to the raw materials integral to the building of an effective defense. weat has often reaffirmed that fundomental fairness entitles indugnt defendants to an adequate opportunity to reveal their slainy within the adressory system. 'Posts. Moffit 41703600 6612; 94361 243782449

The v of lichome 4700378,84 1053611087 [Evidence] See altested affibitit, See Statement of events [Mar. 7 TOCs as State government has initially deproved Relator of his $9^{th} + 14^{th}$ rights from due process. It is through the counts using nations / problems that the Relator seeks relief in attempting to use his istament right to petition the counts. TOCs has denied leeproved Relator of this right by not allowing meaningful access. Respondents have further denied Relator his right to petition count for relief and rule on felders due process rights so that he can appeal his conviction and pursue past conviction relief as allowed by law, without 'meaningful' access to the law

*52

*53 G. RELATOR IS BEING DEEATMENT ILLEGALLY

E. Summary: Respondents refused to perform their ministerial acts (duties are prescribed by law), failing to perform their acts (duties has resulted in a miscarriage of justice calculated to injure the rights guaranteed to Relator through the US and T. Constitutions. Relator desires to appeal his conviction and has made repeated attempts to notify the court of appeals of issues. Relators constitutional rights continue to be violated, thus being detained illegally. Relators ought to liberty is violated by Respondents refused to perform acts (duties Relator is entitled to: 1) the right to pertain courts 2) due process and 3) protection against the deprivation of life, liberty or property. Liberty is more than actual physical (personal liberty) it also includes fundamental rights.

F. Authorities: US$81,5.6.14 T2.Cont.1310.19 TEC81.04 The 8th - with a mean, probably the government from depriving an inmate of life, liberty or property without due process of law. A violation of due process requires 1) the state interfered with the inmates protected liberty or property interest, and 2) that procedural safeguards were constitutionally insufficient to protect against unjustified deprivations. Protected liberty interest can be created by: Due Process clause of its own force, a court order or, thatates or regulations. A prisoner claiming deprivation of a state created liberty interest must specify what regulation or statute created the interest. 42 Geo. L.1. Ann Rev. Erim Proc. 1074-1076 (2013)

*54 Evidence 7 See attached affibait E Harm 7 The Contributions (us 4 T) guarantee Relator of certain undieinable rights as prescribed by law. Respondents refused to perform ministerial acts. Iduties continue to violate Relators right to petition for appeal or relief, due process, counsel, right to effective assistance of counsel, access to courts and Relators personal liberty and fundamental rights.

*55

I. Draper

Relator prays the courts will review the case, and evidence submitted along with the motous submitted and grant the Relator the relief he is requesting through the courts. He prays the courts will see the errors he has guided out and assist him by ruling on these motous and words granting the maximum relief allowed by the courts.

*56 I. George Willough Vagel, TOCI 1902-544 . Balster (Appliant brose being presently incarcerated at the Shunsty Unit of TOCI in Este County, Te venty and declare that I have seceived and conclude that every factual statement is supported by complaint evidence included in this document and declare under quality of perving that the foregoing statements are true and correct to the best of my knowledge and or batefs executed on this 1 day of Nov 2015. Warlan is accordance with TCCP 132-003 and N.MIS 34459000 declaration by minutes and statements of declaration and with:

*57 This page intentionally left blank. Apprentix Olowes

*58 Ablutant Statement Page 45-50 The information contained within this affidavit is for the motion(s) and vorit(s) submitted to the court (s). 3-100013,13,2013 I was convicted on Trial Case $$ 13 - 04 - 04450 - C R$ in the 359 th District Court. I bandgowery County, (located at 207 U. Philip St., ConcessTx 77301 , the Honorable Today. Kohlman Hamilton provided over the case. Conviction is being appended through the 14 th Court of Appeals of Marks County, (located at 301 Fannin St. 3e 245, HoustonTx 77002 ), case numbers 14-14-00104 -CR, 14-14-00105CR and 14-14-00106-CR. Relators due deliyines to attempt to notify TbcS and Court(s) of Constitutional rights issues related to: beldawers right to petition court(s) and denial of right of access to courts; it was interfering with my rights to petition and filing petitions (nations, leters, responses) in: by adandy manner b) properly formated and in accordance with Tax Rules of Applitse procedure. 1 Relators petitions to the court. 1 I submitted petitions (letters, motions, responses) to the Clerk of the Court | Court of Appeals at the addresses listed above on or about the dates listed in the attached 'statement of facts'. These itwas were submitted to TbcS officials to be mailed. In late 2014, 2015 the following it was were discovered: 1. The Law Library mailbox (located at the housing unit) was full of unprocessed requests, petitions, ...that dated back several years. The previous Law Library supervisor refused to do his job to ensure these requests were being processed. 2. The previous Law Library supervisor's locked desk was full of undelivered/unmailed letters. 3. TbcS security employees were discovered throwing out

*59

Images
4. Supervisor of mail room acknowledged past issues with
employees, related to issues of mail's delivery issues. I made
supervisor aware of additional issues at the bawing unit.
5. I was denied the ability to send items 'certified mail' by
the previous Law Library Supervisor to the courts.
6. Montgomery County Tail + TBCJ security are in isolation
of interfering with defendant, appilant, relator (s) rights of
access to courts by denying the individuals access to the
law libraries. Preventing individuals from safe guarding them
rights, the right to petition, the opportunity to provide a
'meaningful' defense, right to counsel, but process, on 12 is
through counsel or access to courts where individuals can prepare
for trial. I was denied access the entire time at county jail,
and an frustrated with trying to obtain access to courts
through TBCJ, so attempts to meet the courts trial times.
7. TBCJ - (Access to Courts) denied my request to send
Dose RESPONSE and brief using certified mail.
The TQPE market rule and the process of the rules in the
objects of justice should apply to my case considering the
extraordinary matters' being presented to the court (s) via the
petitions, offedunt and evidence.

[ Indigrice 3

Since arrest 412013 through present date, those maintained an 'indigent' status. An minute trust fund account statement has been
included with the nations (wits (s) showing my continued indigence.
Thus, I could not pass for: 'I have to be mailed using certified mail.

*60 only through indigent status via the law library could I attempt to mail items 'excluded mail' and multiple times they were rejected. A Council, (certificate of inability to pay is included with any nation for appointed counsel, even the very financial status has not changed. B) Copies of lettera I gravances (evidence to present to court related to or rebateced in the affidant or statement of events. However, given the opportunity [i%, court deems it necessary to view the evidence]. C Could provide the documents as evidence during a hearing. Otherwise, I present such evidence as true in Non vanillo and Sworn affidant under quality of per injury, as allowed by law.

I I VIGLATING OF MINISTERIAL ACTS (OUTLES) As stated above, I sent Isubmitted additions (letters, matrines, responses) to the Clerk of the Court. Court of Appeals to the add eass listed* above as or about the dates shown on the attached 'statement of events'. I have made numerous attempts to make TDES (Court(s) aware of the Constitutional rights being violated. As of the date of this writing I have not resumed a copy of the endorsed petition(s), the respondents have refused (after several requests) to place the ideas on the docket and present to Sudga for a ruling. D) The respondents have failed to perform their ministerial acts, duties as required by law, and in 'reasonable time'. 4) Respondents have refused to communicate, reply or respond to my numerous attempts to communicate with the Clerk or the court; I was not even given the courtesy of any type of response or reply. 5) Respondents have failed to present prejudice or required by law.

*61 Ministerial acts (duties (cognomical, prerequisite for alief) The [ legal duty to perform] Respondents have a legal duty to perform ministerial acts as officers of the court pursuant to the authorities cited previously.

[ Demand performace] Relator submitted several additions to the court, to be endorsed. filed on the docket and submitted to the Judge to rule on. Relator is entitled to relief by addition as allowed by laws as previously cited.

[ Refusal to act] Respondents have refused to perform their ministerial acts/ duties, this includes but is not limited to: endorsing additions, filing additions on the docket (whether submitted) (hardly or not), notifying both parties of any defects or errors, allowing party to demand or correct error on motion) (addition for appeal, submit to Judge for a ruling in a timely manner, oversee the disposition of the docket process and manage it. Respondents have failed to communicate any defect or error that could be appended or corrected. They has been no response from Respondents, not even a courtesy reply.

[ No adequate remedy] Relator has been denied/degmied of his US+Tx Constitutional rights by Respondents neglecting to perform their acts/duties.

*62 Relators Constitutional rights are being violated by Respondents Relator has the 'quaranted' 'right' to petition the court(s) for post conviction called. In publishing the court(s) for relief the seeks to bring the additionally. Constitutivially quaranted rights violations to the attention of the court through the petition (lettore, motion, response). The additional rights the Relator seeks are. Due process, right to consult, right to affective assistance of counsel, right to access to courts, and his liberty. Relator is being illegally obtained without the quaranted provisions (rights) as allowed by law. This is Relators only opportunity to bring these items up for appetite revision. Relator has no other adequate remedy.

The 3 requirements to mandamus are (1) legal duty to perform; (2) demand for performance, and (3) refusal to act.

The go-cognists are (1) act is purely ministerial; (2) Relator has no adequate remedy.

The noted in this section and throughout the written, with evidence supplied in the affubrist and statement of events contained within the written.

*63 Respondents have a legal duty to perform ministerial acts (duties as required by law. I have relyntedly submitted problems (letter, advice, responses) to the Clerk of Court (Court of Appeals dismonding performance of the ministerial acts (duties. Respond- ents have refused to perform their ministerial acts (duties. The acte) duties requested are purely ministerial and I have no other adequate remedies available. Had the Clerk of Court (Court of Appeals, endorsed, filed and docketed the case. then presented to Judge to rule, Don. I would have been notified that my problems (...) had been placed on the docket. I would have received notification by the court of a cause number or docket number. I could have requested a notice for a hearing and requested appointment of counsel, also with the docket number. I could have attempted to prepare for trial and provided TSCI notice if my trial date, thus might additional right if access to courts, in order to show my need to meet the courts deadlines. The cause and effect of Respondents refused to perform their ministerial acts (duties have caused many of my rights guaranteed by US-Tex Court to be violated, as shown further below; resulting in a miscarriage of justice.

If Respondents VIOLATED RELATORS RELATIO PETITIOU As of said date as such to us this affibitit, I the Relator George Wilktholegl applied pose, have not received any replies, responses to meet all communications sent to Clerk of Court (Court of Appeals on my issues submitted on the dates included in the Statement. I events' as attached. I have on numerous

*64 occassions attempted to communicate with the court as to my issues related to my case and my desire to show due diligence in guessing my appeal, 18 have been unsuccessful and I am completely frustrated in the futility of attempting to communicate with the court and spwing access to my 'guaranteed' rights. These issues include: no access to courts, no counsel during enticial steps of proceedings, might be effective assistance of counsel, due process, I have been danced, deprived of my right to perform the courts for relief by Respondents. It is through counsel and access to courts (law library) through which I am trying to perform the court for relief. I believe I have provided 'due diligence' and provided the court 'reasonable time' to comply with my jobtimes. As of said date Respondents refused to perform ministerial acts, duties, even after repeated attempts to communicate with the respondents, thus denial of my right to perform the courts for relief as allowed by law. Had Respondents performed acts, duties as described, I would have received an endorsed copy of the filing on the market and the judge would have had an opportunity to rule on the jobtion, nation. I could show TDES. Law library that I had to prepare for a funding trial and try to meet the courts deadline, nor was I granted an opportunity to present a defense or an evidentiary hearing, or the possibility to present such nations for review. I have not received any notifications from the court related to filing my jobthons on the docket.

III. E. YEALTHYD of ReLATONS CONSTITUTIONAL RIGHTS J

*65 By Respondents refusing to perform ministerial acts/duties as set out in the above section Iviation of ministerial acts/ duties 3. Respondents have effectively denied /deprived me of my ability to perform the courts, but they have also denied /deprived me of my constitutionally 'GUNARATIED' 'RECICTS', in which I am trying to safeguard and seek good conviction, relief of my appeal - conviction as described further below in this section. A. Respondents failure to perform ministerial acts/duties has denied/deprived me of Due process B. Respondents failure to perform ministerial acts/duties has denied/deprived me of right to perform court - good conviction relief C. Respondents failure to perform ministerial acts/duties has denied/deprived me of a fair and impartial trial. D. Respondents failure to perform ministerial acts /duties has denied/deprived me of right to counsel. E. Respondents failure to perform ministerial acts/duties has denied/deprived me may constitutional right to effective assistance of counsel. F. Respondents failure to perform ministerial acts/duties has denied/deprived me of access to courts. Without access to courts I cannot meet the courts deadlines, properly prepare, submit or areque motions, responses, briefs or even attempt to defend my self as I am not a lawyer, paralegal nor a legal assistant. It is only through counsel and access to courts that one can even begin to prepare. I do not have access to the same row materials that my adversary has. Not only has TOCY- Security viddated my

*66 access to courts, the Respondents by refusing to perform their acts (duties have further complicated) delayed my access to courts by ignoring my communications. I can not begin to meet the courts' strict guidelines, the laws, procedures (rules of the courts if I can not gain meaningful access to courts. If, I had been a 'habitual' offender I may have in the past been aware of procedures, laws, rules, ... As a first time offender I am having to learn the science of the law, procedures, rules, ... But without meaningful access to the library I have no chance to succeed. Also I was an medical chain and away from this unit while at another unit they housed me in a 2 man cell, to access to law library there. I am returning to this unit I was placed in 'avertlow' again a 2 man cell with no access to the law library for a few weeks. Finally the unit was an lock-down for almost a month, another period without access to courts (law library). My filing of I-Io (TBCI additions) I grewances to TBCI have been refused. They have not hated into the issues, and several issues still remain today. You working on too bollish! G'Respondents by refusing to perform ministerial acts (duties have denied Idegued me of my Counts, Iutianally 'guaranteed' 'rights'; thereby I am being illegally detained. I have tried to safeguard my rights. I have notified TBCI and the court that my rights continue to be violated. I have asked I performed for help (celict and it has been denied by Respondents by their refusal to perform this jobs.

*67 I have been prejudiced by Respondents to Dutel to perform their muvsterial acts (duties as officers of the court.

The 3odays post-conviction is the 2011 time to bring ideas to the election of the applinte court, and is considered a 'critical stage' of the proceedings, at which time I did not have AMY appended counsel to assist me; nor did I have AMY access to courts (law library) at that time. Had I received counsel, I would have filed a notion for new trial. I have several theclorious claims to bring to the courts election to include, but not limited to: Due process violation, Brady violation, newly discovered evidence that was found after trial, geosecutorial misconduct, improper admonishment, involuntary plan, no fair I impartial trial, actual innocence, double jeopardy and meflective assistance of counsel. If I had access to law library and had I known of the timeframe in which to file the motion, I would have done so myself.

Additionally, appllale counsel was made aware of several meclorious errors for the appeal that were 'structural errors', yet counsel chose to file a brief stating thoir were not any meclorious issues he could find. He chose not to investigate and put his interests ahead of his clients. My applale counsel had a conflict of interest and chose his personal interests ahead of mine. Not only did counsel repeatedly lie to me, he peryred himself to the court in acknould sizing there were not any issues he pursue, thus filing an Boder's bint.

*68 Canned out with me on Friday afternoon. I mentioned in the short reading that I had several issues to bring up and not to file brief until we had a chance to go over there. He sand mail it to me. During this same conversation he informed me that he 'just get the case' and did not have my transcripts, he would have to order them. Yet on Tuesday, just a little more than I business day later, he filled an Anders brief. He did not investigate any of my claims, there is no way he could have received any information and researched any of it in such a short time frame. In late Oct early Nov he came by to visit I asked him about my case I paperwork. He stated he never received it. Send it and I will look into it. Each time I felt that canned was working on my case, but as it turns out he was not. I sent him the issues again. In late Feb 2018, I had 2015 a Morrey returned my original paperwork that I submitted to him. He had had about not receiving the paperwork and further stated he was hoping to have more time to go over it, however my practice has not showed me to decide the time and resources that your issues require. He had to me was too busy to help me and perceived self in filling the brief to the court. He also provided bad legal advice as he wformed me (briefly) that I would need to file a Pro se Brief. To which I shorted to work on a 'Brief', however he should have informed me to simply file a Pro se response. I was not aware of this until Mvett later (again issues related to access to courts). I received no affection assistance of counsel on direct appeal due to several issues to include insuffective assistance of counsel, conflict of interest, which I beied

*69 to bring to the attention to the court of appeals. Appalate counsel was made aware of 'structural errors' verbally and that I did not have counsel during the time to file notion for new trial. A single search of the 'record' would have shown that I did not have counsel during that time; that there were issues to bring up in motion for new trial. It was as if during direct appeal effectively there was no counsel at all, just mere presence. Since he stated he just get the case and get filed. Anders brief as Tues, counsel did not have to days to prepare for trial and I did not wouve that right's non-my right to effective assistance of counsel as direct appeal. Given the gravity of the offense and the time sentenced, the brief visit by counsel in relation to the case was not substantial. There was not a full consult. Surely, just appilate counsel was too busy to work on my case and should have I requested an extension to file trial. I requested the court to allow him to hire additional told to investigate the case. I requested the court to appunt co-counsel to assist him. A withdrawn from case by filing motion for new counsel. He is in violation of Add standards and my guaranteed rights to due process and counsel. These matters above were brought before the court, I bring them before this court now in 2 ways, by way of motion to appunt new counselor by wait of mandamirs or bath. Additional evidence of these mailed I have requested mailings. Standards mail room I have to been denied. They states the court's can obtain access to them.

*70 Statement of events Nov 19, 2013 Total Court 359th Montgomery County, applicant concluded Dec 13,2013 Notion of appeal, counsel files motion to nothdrrow Dec 13,2013 - June 13,2014 be counsel appointed to represent defendant; be counsel during 30 days, post conviction to file motion for new trial. Defendant had no access to COURTS during time period to file for newtrial June 13,2014 Counsel visits applicant, he states he just got the case" and "I did have the transcripts, I will have to order them." Very short interview's meeting, Appellant states he had special mentionous claims. Council states send items to me, is provided address. Appellant notifies counsel do not file until we have a chance to go our riftems; June 13,2014 Anders brief filed (without knowledge of client, no 10 days to confer, counsel failed to investigate; June 1 July, 2014 Appellant notified to file a "brief" by counsel, not a response. Appellant should have been made aware "response" needed to be filed, not a brief, also counsel did not inform about the of extensions. July, 2014 Appellant left next on "medical chain", no access to courts at other visit. On return applicant placed in "over flow" in Administrative Segregation, and for a few weeks with no access to courts. Aug. 2014 Sext motion to extend timeline for "brief" filed in early Aug. Requested 30 days to file "brief". Aug. Sept2014 Start placed on lookdown late Aug. through most all of Sept. applicant had no access to courts, could not work on "brief". Sept 19,2014 Sext motion to extend timeline, requested 60 days extension for "brief", notified court of problems not receiving extensions. No response from court or reply.

*71 Oct-Nov 2014 Late Oct or early Nov attorney meets with client. Child asks state of investigation of ideas submitted to attorney on exposures issues to pursue on motion for new trial. Attorney states he never received them. He stated to client' record them and I will both into' it' I stated I sent my only copy, it would take some time to gather and re-submit, he stated that was fine just send them to him. I recapped several 'Structural' errors during our meeting. Nov 20, 2014 3rd letter to Court. Requested research of extension issues. 2) Requested courts except of prior letters, motions + if they replied to Sept motion 3) Requested current due date. 4) Requested to extend date, still researching case ... No response or reply Dec 2014 Court of Appeals affirms judgement Dec 2014 3 letters sent about 1/ week to court addressing issues related to extensions to bile brief, dates of motions / letters. I stated showing of due Alliquie - Court method of process to courts due be lost down, and issues with security at TBCS trying to get access to courts. Evidence of access to courts issues sent to Court of Appeals. I stated any frustration trying to get access to courts. Also notified court of medical condition making access to court very disparity. No response or reply Jan 2015 letter sent to court, no response or reply Jan 2015 letter sent to Criminal Court of Appeals Feb 2015 letter received from Criminal Court of Appeals Feb 2015 letter sent to court of Appeals, references letter sent Jan '15 also TBCS Security issues, appellant problems with access to courts issues. Appellant requested appointment of new counsel. No response or reply

*72 Feb 2015 "lost week of Feb. Afterney returns my 'original' sisus (manitcrious slums into that I sent to him. In Oct/Nov he stated he never received my paperwork, just he now gives it back to me. He further states he always hoping to have more time to go away, however my practice has not allowed me to decide the time and resources that your issues require. He tried to me about paperwork, ygeryured self in sudemition of brief, and was too busy! he work on my issues (case thus could d interest Feb 2015 Received mandate, so wherine to which motion letter, response was ruled upon or why. Incorrect statement in opinion, applied was. NoT made aware of such as the response. Only I case referenced in letter. Many 2015 Motors submitted, Quase response and the Quase brief applied had been working on. No response or really Bug 3,2015 letter sent to court. Requested endorsement and copy take sent back to applied, letter to be presented to the court with argument. (letter presented a receipt of events) and a status) action (resolution for each item submitted. Court notified that applicant has not received any response from court, stated desire to appeal case. Notified that aborney has not communicated with me, he has effectively abandoned me since he was appointed to me. No response or really Bug 25,2015 Case still not 'active'. TbcS officer made inquiry into status of case was returned it was not 'active'. Nov 2015 No response back from Court of Appeals. Nov 2015 Denial of access to courts continues to be a problem with TbcS security, how Library Supervisor aware of issues, however this is a security related issue as TbcS security is douping access to courts, not how Library staff.

*73 Orthobode of Service I certify that a true and correct copy of the foregoing matrices have been forwarded by US mail postage prepaid in first class to the courts on this 7 day of Nov 2015. Mikq George Haldwin Nagi Pettifuer, Pro Se.

I. George Haldwin Nagi, TBCY 1902544 being presently uncorrcended at the Housky Unit of TBCY in Polk county, Ix study and dedore under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge and or beliefs executed on this 7 day of Nov 2015. On then in accordance with TCEP 132,002 and N.H. (5) ; in 3000 bedarction by inmates and statements of declaration and oath. Mikq George Haldwin Nagi TBCY 1902544 Palmsky Unit 3872 Fm 3503. Livingston Ix 77351

I. George Haldwin Nagi, TBCY 1902544 being presently uncorrcended at the Housky Unit of TBCY in Polk county, Ix study and dedore under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge and or beliefs executed on this 7 day of Nov 2015. On then in accordance with TCEP 132,002 and N.H. (5) ; in 30000 bedarction by inmates and statements of declaration and oath. Mikq George Haldwin Nagi TBCY 1902544 Palmsky Unit 3872 Fm 3503. Livingston Ix 77351

I. George Haldwin Nagi, TBCY 1902544 Palmsky Unit 3872 Fm 3503. Livingston Ix 77351

I. George Haldwin Nagi, TBCY 1902544

*74 Placts Law Dictionary 10th Ed (2014) Act (2) 239

Ministerial act - An act performed without the independent excercise of discretion of judgement. If the act is mandatory, it is also termed a ministerial duty. See ministerial duty under Duty (2). Duty (2) 2617

Ministerial duty A duty that requires neither the excercise of official discretion nor judgement.

Ministerial Little of relating to, involving act that involves obedience to instruction or laws instead of judgement, skill or involving a duty so plain in part of law and is so clear in matter of fact no element of discretion is left to the precise mode of performance. As (the Court Clerks ministerial duty includes recording the judgements on the docket)

Ministerial officer 91256 an officer who primarily executes mandates issued by office superiors, one who performs specified legal duties when the appropriate conduct have been met, but who does not exercise personal judgement or discretion in performing those duties.

581

*75 2.03 Neglect of duty (a) It shall be the duty of the attorney representing the state to present by information to the court having jurisdiction, any officer for neglect or failure of any duty en מז upers such officer, when such neglect or failure can be presented by information, whenever it shall become knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer, and he shall bring to notice of the grand yury any act or violation of law or neglect of failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge. (b) It is the duty of the Irish Court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to ensure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the quittic the benefit of free press.

2.16 Neglecting to execute process If any sheriff or other officer shall willily refuse or fail from neglect to execute any summons subpoena, or attachments for a witness, or any other legal process which it is made his duty by law to execute he shall be liable for contempt not less than 10 no more than 200 dollars, at the discretion of the court. The payment of such fine shall be enforced in the same manner as liver for contempt in civil cases.

*76 2.21 Duty of Clerks (a) in a original proceeding is clerk of district or county shall: 1. receive and file all papers; 2. receive all exhibits of the conclusion of proceeding; 3. issue all process 4. accept and file electronic documents received from defendant 5. Celerk receives electronic documents from State. 6. accept and file digital multimedia evidence received from defendant, if clerk accepts digital multimedia evidence from attorney representing state and 6. perform all other duties imposed on the clerk by law.

2.22 Power of Deputy Clerk Whenever a duty is imposed on the clerk of the district or county clerk, the same may be landully performed by his deputy. $δ^{3}$ $δ 3$

*77

TRAP Checklist for Motion for Mandamus

Rule 52.1 $✓$ Petition must be captioned "In re E name of Relator 1"

Rule 52.2

$✓$ Named party relief sought against. Rule 52.3 Petition must under appropriate headings in order indicated contain A. Identities of Parties + counsel, complete list of all parties, names + addresses of all counsel. A. 12 B. Table of contents, refer page 44 of petition. ToC most include subject matter of each issue, pointior groups of points 8, 13, 13A C. Index of authorities. Alphabetical list + pages of petition where authority is cited D. Statement of case, no more than 1 page should not discuss facts, must contain? $✓$ 1. Description of any underlying proceeding (suit, failure to pay child support,...) (add trial ease $#$ s) D/2 19 2. If respondent is Judge, names, court, county, if other than Judge designation, office of respondent. 3. Description of respondents action, which, relator seeks relief. 4. If seeking unit of Habeas Corpus, a statement describing 5. Does not apply. $✓$ E. Statement of jurisdiction E. 21 $✓$ F. Issues presented petitioner must state concisely all issues presented for relief presented for relief F. 32-30 $✓$ G. Statement of facts - every statement must be supported by citation to evidence in appendix or record. H. Argument - to include citation of authorities + to appendix or record. I. Prayer H. 63-60.

*78 J. Certificate - must certify he/she reveaved it and conclude every factual statement is supported by competent evidence included in appendix or K. Appendix Most contain $✓$ A. Sworn statement B. Opinion of COA. 190 Ct $✓$ C. ix rules, Statutes $✓$ D. Proof of Relator restrained $✓$ E. Optional - Court opinion Statute Documents (Appendix should not contain any evidence not material)

*79

NOTES

Fauthorties] Respondents mumstaried acts (duties include: filing papers and docketing case in order to present to Judge for a ruling, pursuant to: TMA 10, 12:1(2), 18:4, 25:2(2)(2)(e), 35:3(a), 37:1, See RCo 80:218.24.

4. FAILURE TO:RESIDENT OR COMMUNICATE WITH BOTH PART IES, FAILURE TO REPORT ANY DEFECT [Summary] Respondents failed to respond on communicate with both parties. Relator sent multiple additions to the court to be placed on the dotest for a Judge to rule on.

[authorities ] TRAP 45 (d), 31.1, p9.4(a) If a clerk determines that the notice of appeal or certificate of defendants ought of appeal in a criminal case is defective, the clerk must notify both parties of the defect so that it can be re-simulated, if possible. TRAP 31.1

[authorities] US&;A 1,4,5,6,14 TACount 1810.19 TECP 1.04 TR&;A 2b, 4.5,10,10.5, 21(3)(9), 25.2(5), 38(2)(9), 31, 31.4, 32(6)(2), TR 38.2, T&;A R.Civ Pro 47. Hateos 11.53, 2254,2255, 1848 Appendix I Local Rule (6)