Case Information
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Date: August 26, 2015 William Hayward Freeman, Sr. TOCT-CIO No 1978813 Allen B. Polunsky Unit 3812 F.M. 350 South Livinqston, Texas 77351 Re: CAUSE NOS: 132225971322260 Styled In Re: William Hayward Freeman, Sr. Clerk for the Court of Appests 301 Fannin st. Suite 245, Houston, Texas 77002 Dear Mr. Christopher A. Prine, Clerk
Please find enclosed, the original and one copy of the relator petition far writ of Mandamus. please file it with the court. A copy of this petition has been send to the First Court of Appest via this letter. Thank you for your Kind help and assistance in this matter.
Sincerely, William Hayward Freeman, Sr.
Cc: Abel Acosta,
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*3 Harris County District Clerk, Chris Daniels to have the appellate recold furnished with out Charge. See whiteheadly state, 130 S.w. 8 d 866 , 873-74 (Tex.Crim.App 2004)
6 I have file a motion to the Harris County District Clerk, Chris Daniels, executed on the 15th day of July 2015, and it was returned 1010 on July 14th 2015, at 12:34 P.M. stating that in accordance with section 552, 028 Government Code, Request for information from incarcerated individuals, (A) A governmental body is not required to except or comply with a request for information from: (1) A individuals who is imprisoned or Confined in a correctional facility.
7 C.C.P. Art 26.04 (P) A defendant who is determined by the Court to be indigent is presumed to remain indigent for the remainder of the proceedings in the case.
Will am עלy and Theorem Sr. Profse William Hayward Freeman, Sr. Profse TDCJ-CID No. 1878813 3872 F.M. 350 South Livinaston, Texas 77351
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*6 CAUSE NOS: 1322259913232.60 INRE:WILLIAM HAYWARD FREEMAN, SR. Relator IDENTITY OF PARTIES / COUNSEL Relator Certifies that the following is a complete list of the parties, the attorneys, and any other person who has any interest in the outcome of this petition: Relator Freemans: Or is a profse litigant and is not represented by counsel of the proceeding, no atonies has been dislgnated or mentioned on the behalf of the respondent, the party of interest is the state of Texas.
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*8 CAUSE NOS: 132225991322260 INRE:WILLIAM HAWWARD FREENAAN, SR. Relator
RELATOR'S PETITION FOR WRIT OF MANDAMUS
Relator Freeman, submits this petition for writ of mandamus complaining of the denial of particular parting of my trial records as it pertains to his innocence, and his rights to a complete copy of his trial records, and all exhibits. Yield in those proceedings. Namely the relators complains of the denial of the all the transcripts of all his trial appearance. For charity, relator is referred to as Freeman; respondent Wiltshire Roxanne is referred to by name; and the real party in interest is referred to as the State of Texas.
STATEMENT OF JURISDICTION
This Court has jurisdiction to issue a writ of mandamus Tex. Const. art. 5, 86; Tex. Govt Code § 22, 221 (a).
*9 The underlying proceedings, Freeman has appealed his conviction and in process purchased his trial records for future appellate reasoning, once he received his copies of the records.
The respondent is willshire Roxanne, and is the trial Courts, Court reporter, where the Honorable Judge Jay Burnett is the presiding judge of the 182nd District Court of Harris County, Texas. However the relator purchased copies of his trial records for August 12th, 13th, 2015, in which the Honorable James Anderson, presiding judge of the 182nd District Court of Harris County, of the 182nd District Court of Harris County, Texas. The respondent has denied, and continue to deny the relator of those transcripts for my earlier trial court with the Honorable Judge Jay W. Burnett presiding.
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*10 ISSUES PRESENTED
Issue 1: The trial counts re-corder has failed to provide the relator with copies of the trial transcript where the Honorable Judge Jay W. Burnett presidues in the 1940 District Court, Harris County, Texas.
STATEMENT OF THE FACTS
Relator Freeman was charged and convicted in one sexual assault case, and sentence of to Seventy- five years in prison. Relator timely appealed and these are currently pending in the 1st court of appeals at Houston on the day relator Freeman purchased the copies of his trial records in the event that his direct appeal proves to be unsuccessful, however upon receipt of the trial records, the relator observed that Certain parts of the trial records were missing from the trial records, and therefore wrote back to the respondent and inquired about the missing parts from the trial records. Namely the trial transcript from the earlier trial on the Same case given by the Honorable Judge Jay W. Burnett.
ARGUMENTS
Issue 1: The trial counts re-corder has failed to provide the relator with copies of the trial transcript where the Honorable Judge Jay W. Burnett presidues in the 1940 District Court, Harris County, Texas.
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*11 I'm determining whether the writ should be issued we must further determine whether the party has an adquate remedy by appeal. Id mandamus! Is intended to be an extraordinary remedy only available in limited circumstances involving manifest and urgent necessity and not for grievances that may be addressed by other remedies, Holloway V. Fifth court of appeals 767 S.W. 2d, 680, 684 (Tex. 1989) In Re. Jebbio 26 S.W. 3d 753, 756 (Tex. App.-Houston [14th Dist.] 2000)
Relator Freemans case is currently on appeal in this court, however the relator purchased his trial records and the court clerk has refused to forward the copies of trial records where the Honorable Tudge Jay W. Burnett was presiding. The relator do not have a adequate remedy of law because this is not a matter in which it can be appealed to this court. This the relator asks this Court to grant his merit of mandamus, granting him the relief he seeks.
We have jurisdiction to issue writs of mandamus against a district Court judge or county Court judge I our district and we may issue all writs necessary to enforce our jurisdiction. See Tex. Gov't Code. Ann. 822.22 (a) Vernon 1988); 22221 (b) Vernon Supp. 1999) See IN Re. Washington 7 S.W. 3d 182 (Tex. App.-Houston [1st Dist.] 1999)
*12 We have no jurisdiction to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction. See IN Re. Coronado 980 S.w. 2d 491, 692 (Tex. App - San Antonio 1988, orig. proceed ing); Summit Savings Ass'nV. Gardia 747 S.w. 2d 106, 107 (Tex. App-San Antonio 1987, orig. proceed ing) Id at IN Re Washington 7 S.w. 3 d at 182 .
This Court has the jurisdiction to issue a writ against the res pondant because of the ministrial act involved and the fact that he has an appeal pending in this court at this time. Consequently this Court should issue the mandamus against the trial Court although the mandamus is filed against the trial court never the less the respondent is under the courtal and authority of the trial court and by virtue of its authority do the respondent act or fail to act, but it is the respondent that has control of the documents that the Relator seeks.
An appellate records integrity is crucial for proper appellate review, which is the right an appellant involves when he pursues an appeal.
An appellate right to appellate review is accompanied by the duty to provide an accurate record sufficient for the appellate count to perform its function to determine the correctness of the lower courts judgement. Here V. Aper Financial Corp. 930 S.w. 2d 142, 152 (Tex.App-Dallas 1986).
The burden is on the party seeking review to see that a sufficient record is presented to show error requiring reversal, Tex.R.App. Pro. 50 (d).
*13 Tampering with govern mental records under Certificate or seal is a third degree felony. See Tex. Penal Code 37.10 (a) (b) (d) Vernon 1999. Id at OKere 930 S.W. 2 d st 152.
Essentially the respondant has committed a felony offense by omitting parts of the Relator's records, and also acted with purpose and intent to cause the relator harm by denying him the items he seeks. The relator has repeatedly complained about his records from the trial held by the Honorable Judge Jay W. Bumett in the 18 and District Court, Harris County, Texas. Relator Freeman is innocent of the crime he was convicted of, but if the respondent and the trial court with hold valuable records how can he then file an effective appeals brief proving his inNo cause?
PRAYER
For these reasons relator asks that this court to grant this writ of mandamus directing the respondant Wiltshire Rewanne to produce the trial records of the courts in the interest of justice and fair play.
Will amethaywand Sneon on Sn7hose William Hayward Freeman, Sr/grose TDCJ-C1D No: 1878313 Allen B. Polunsky Unit 3872 F.M. 350 S 500 Livingston, Texas 77351
*14 CERTIFICATE OF SERVICE
I Certify that a copy of the Relators' notice of mandamus. Was served on the Respondent withshire Roxanne by forwarding a copy to the 1st Count of appeal clerk, Christopher A. Prine at 301 Fawninst. Suite 245, Houston, Texas 77002, and by placing it in the U.S. mail box at the Allen B. polwsley unit, 2872 F.M. 350, Livingston, Texas, 71331, and on this the 26th day of August, 2015
William Hayward, Theorem, Sr. William Hayward, Theorem, Sr. TOCINO: 1818813/810 5e
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