Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/15/2017 9:45:33 AM JEFFREY D. KYLE Clerk
*1 ACCEPTED 03-17-00801-CV [21313447] THIRD COURT OF APPEALS AUSTIN, TEXAS 12/15/2017 9:45 AM JEFFREY D. KYLE No. 03-17-00801-CV CLERK In the Court of Appeals Third Supreme Judicial District of Texas Thomas R. Pilgrim v. Texas Civil Commitment Office APPELLANT'S UNOPPOSED MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
COMES NOW, Thomas Pilgrim, Appellant herein and files this his unopposed motion to proceed in forma pauperis . In support of this motion, Appellant represents as follows:
1. Appellant is subject to a Final Judgment ordering him into civil commitment pursuant to Texas Health and Safety Code chapter 841. Appellant has been held subject to that Final Judgment since his release from prison in 2014.
2. At the outset of the proceedings that led to the entry of the Final Judgment ordering Appellant into civil commitment, the 435 th District Court found Appellant to be indigent and appointed State Counsel for Offenders to defend him pursuant to Health and Safety Code section 841.005.
3. No court has overturned the determination by the 435 th District Court that Appellant was indigent. The determination by the 435 th District Court that Appellant is indigent remains in effect. Roberts v. State , 327 S.W.3d 880, 883 (Tex. App.—Beaumont 2010, no pet.). After a trial court determines that the defendant is indigent, there must be some evidence presented to the trial court of a change in the defendant's ability to pay. Mayer v. State , 309 S.W.3d 552, 557 (Tex. Crim. App. 2010) .
4. The Defendant does not oppose Appellant's Motion for Leave to Proceed in forma pauperis. 5. Prior to the beginning of his civil commitment, Appellant was incarcerated in the Texas Department of Criminal Justice beginning 1990. 6. Appellant has no source of income. See Attached Statement of Inability to Pay Costs, Exhibit #1. 7. Appellant filed a Petition Seeking Less Restrictive Housing and Supervision in Travis County. 8. In the trial court Appellant could not afford counsel. Appellant was represented in the trial court by counsel paid for by his parents. 9. The trial court granted the Texas Civil Commitment Office's Plea to the *2 Jurisdiction. See attached order – Exhibit #2. 10.Appellant wishes to pursue an appeal of the trial court ruling granting the Texas Civil Commitment Office's Plea to the Jurisdiction. 11.Appellant's parents are not paying an attorney to prosecute his appeal of the trial court's order sustaining the Texas Civil Commitment Office's Plea to the Jurisdiction. See Exhibit # 4.
12.Appellant cannot afford to pay costs, including either the Clerk's Record or the Reporter's Record. See Attached Exhibit #1 Unsworn Declaration of Indigence. 13. Appellant's trial counsel will provide legal services in connection with the appeal free of charge. See attached Unsworn Declaration of Counsel – Exhibit #3. WHEREFORE, since Appellant has been declared to be indigent, that declaration has not been challenged and Defendant does not oppose Appellant's motion to proceed in forma pauperis , Appellant respectfully requests that this Court grant this motion permitting Appellant to proceed in forma pauperis AND to excuse Appellant from the obligation to pay costs.
Respectfully Submitted, /s/ William A. Marshall William A. Marshall 16011 Maplehurst Drive Spring, Texas 77379
TBN 13048340
Tele: 713-301-2854 billmarshallpm@gmail.com
CERTIFICATE OF CONFERENCE
I contacted counsel for the Texas Civil Commitment Office (TCCO) by email to determine whether TCCO is opposed to this motion. The Texas Civil Commitment Office is not opposed to this motion.
/s/ William A. Marshall
CERTIFICATE OF SERVICE
*3 I hereby certify that on this 15th day of December, 2017, a true copy of the foregoing Appellant's Unopposed Motion for Leave to Proceed In Forma Pauperis was filed and served, through the eFile Texas system, on opposing counsel as follows: Texas Civil Commitment Office c/o Richard Huntpalmer Assistant Attorney General Law Enforcement Defense Division Office of the Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711 email: richard.huntpalmer@oag.texas.gov
/s/ William A. Marshall *4 ORDER ON APPELLANT'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
ON THIS DATE came on for hearing Appellant's Motion for Leave to Proceed In Forma Pauperis and to be excused from payment of costs. The Court having considered Appellant's Motion and the attachments is of the opinion that the motion has merit and should be granted. IT IS THEREFORE Ordered that Appellant Thomas Pilgrim is granted leave to proceed in forma pauperis .
IT IS FURTHERED
Ordered that Appellant is excused from the payment of costs associated with this appeal. Signed this ___ day of ________ 201_. _________________________________ Judge Presiding
EXHIBIT #1
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STATEMENT OF INABILITY TO PAY COSTS
EXHIBIT #2
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ORDER SUSTAINING PLEA TO THE JURISDICTION
EXHIBIT #3
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UNSWORN DECLARATION OF COUNSEL
UNSWORN DECLARATION
*10 My name is William A. Marshall. My Texas Bar Number is 13048340, and my address is 16011 Maplehurst Drive, Spring, Texas, and USA. I am the attorney for Thomas Pilgrim in the captioned matter. While I was paid for my services in the trial court by Mr. Pilgrim's parents, I will be providing legal services to Mr. Pilgrim in the appeal of the trial court's ruling on the Texas Civil Commitment Office's Plea to the Jurisdiction free of charge. I do expect Mr. Pilgrim to contribute to payment of expenses I declare under penalty of perjury that the foregoing is true and correct. Executed in Bartholmew County, State of Indiana, on the 1 st day of December 2017. /s/ William A. Marshall Declarant
EXHIBIT #4
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