MacK, Craig

.3id03 -Qtl- RECEIVED IN COURT OF CRIMINAL APPEALS Cr:tuse No: 2013-2073-C2 & 2013-2331-C2 JAN 12 2015 Craig Mack § IN THE 54TH JUDICIAL Abel Acosta, Clerk TDCJ-ID#l939218 § District Court of Relator § McLennan County, Texas v. § *Honorable Judge § Mr. Matt Johnson; § *Mr. Abel Reyna; § *District Attorney; § This document conta· Mrs. Karen Matkin; § Pag es, tl·· . · ms some . iat are of poor quality *DI.S'it'HCIT CLERK; IN 'IHEIR CFFICIAL § at the time of imaging. Respondents CAPACITIES.§ § Original Application for Writ of Mandamus To The Honorable Judge of Said Court of Appeals: Now Comes, Craig Mack, Relator, Pro Se in the above styled and numbered causes of action and files this original Application for Writ of ~andamus, Pursuant to Article §11.07 section 3(c); §28.01, section l(l)thru(B); §2.2l(a)(l)thru(3) and(6); §44.07; § 4 4 . 0 2 ; § 2 6 . 1 3 f!>) § 2 6 . 0 2 & § 2 6 . 0 3 ; § 2 6 . 0 1 ; § 1'4 . 0 6 ( a ) ; § l . 0 5 ; § l . 0 6 ; §1.16; §1.09; §21.03; §21.02(7);§21.27(7); §2(.12;§25.02; §19.28; §19.27; §16.17; § 16.14; §11.43; §26.04; § 16.05; §16.08; §39.14; §29.08; §29.03; §29.01; § 20.02(d); §61.03(a); §38.23; §15.17(a); §31.01; §31.02; §31.03; §31.05; §31.06 and §31.07 all of the Texas Code(s) of Criminal Procedure(s); Article l,Sections §9,10 and 19 of the Texas Constitution; and 'the 1ST, 4TH, 5TH, 6TH, 8TH and 14TH Amendments .of the United States Constitution. And will show the Court the following facts: 1* > Craig Mack,TDCJ-ID#l939218, is a prisoner incarcerated in the Texas Department of Criminal Justice-Institutional Division and is requesting relief in order to Perfect his right of appeal on the trial courts and the Distr±6t Clerks records. I 2* > The acts sought to be compelled are ministerial, not dis- cretionary in mature~ T.C.C.P. art 11.07 section 3(c) requires [1] . Respondents to immediately transmitt to the Court of Criminal Appeals a COPY of the Application for Writ of Habeas Corpus; any answers filed [Notice-Request Appeal] and a certificate reciting the date upon which the finding was made; if the con- vrcting court decides that there are no issues to be resolved. 3.* In Relator's cause, he filed a Motion for Self-Representa- tion on 05-23-14; and in rebuttal the State's appointed defense, attorney Mr. Stephen Reed, filed his Motion to Withdraw as counselor; therefore, Relator personally filed eight(8) Pre-Trial Motions that the States' Court-Appoint~d defense attorney failed-refused to file for Relators' defense. 4.* On 06-06-14, Relator filed three(3) timely Motions Pursuants to T.C.C.P. a~ticle §28.0l,section 1(1)-(8), 'l'Motion To Suppress Evidence, obtained As A result of A Warrantle~s Arrest; '2'Motion For Discovery and '3'Motion To Inspect Grand JuryiMinutes and to Dismiss the Indictment. 5.* Again, on 06-09-14, Relator filed four(4) timely Pretrial Motions (l)Motion for Continuance; (2)Motion to Dismiss Charges For Consti- tutional and Statutory Violations; (3)Motion to Quash and (4)Motion for Change of Venue, and on 06-10-14, Relator filed an Amended Motion to Quash. 6.* All nine(9) of ~elators' timely pre-Trial Motions were served on the District Clerk; Mrs. Karen Matkin; the original District Attorney, Mr. Abel Reyna and the 54TH District Judge: The Honorable Judge Matt Johnson, by United States Mail Service. 7.* The Respondent, Honorable Judge matt Johnson, ORDERED a Pre-Trial hearing on 06-13-14, to hear and rule on the States' Gpprt .Appointed defense Attorney's Motion To Withdraw AS Counsel;the Respondent ~M "verbally" denied Relators' Right of Self -Representation, and Respondent knowingly, deliberately, intentionally and maliciously failed to respond in writing to any of Relators timely, Pre-Trial Motions as, [ 2] Prescribed by State and Federal laws of this State and the United States Constitutional Amendments. [Bill of Rights]. 8.* On 08-11-14, Relator filed his request-Notice of Appeal with Respondent, Mrs. Karen ' Matkin, through the United States Postal- Service, and~Pursuant to T.C.C.P. article §44.02, which states in part ·quote "tatter Part" he must have permission of the trial - court, except on those matters which have been raised by written Motions filed Prior to Trial" end quote. 9.* In Relators' causes, the trial date was > 06-19-14,and the Trial Court records 1 the Clerks records will verify that none of the 'merits in the nine(9) timely filed Pre-trial Motions has re- ceived a Written Response; and which were filed three(3)Motions- . C.lJa ~'M,';.J,., CM 06-06-14 & four ( 4) Mot ions-06-09-14 ·and · II! lli (l)one filed 05-23-14; (l)Amended Motion-06-10-14. 10.* Pursuant to T.C.C.P. article 44.07: Rights of Appeal not abridged; Respondent have abridged and denied Relator of his right of appeal and to be heard as guaranteed by the United States Constitutional Amendments. 11.* Responde~ts has Violated article 11.07 section 3(c) of the Texas Code of Criminal procedure by knowingly,intentionally,delib- ertely and maliciously failing-refusing to give a Written Response to Relators' timely filed Pre-trial Motions and granting relator an appeal. 12.* To date, Relator has not received any responses from the Re- spondents regarding relators request-notice of appeal,nor a response to any of the Relators nine(9)timely filed Pre-trial Motions. 13.* Relator has repeatedly put respondention Notice that Relator 01'1\ seeks to appeal the illegalUf and unlawful~judgment and conviction in the above numbered causes; and for a Written answer to ALL of- Relator's timely filed Pre-Trial Motions, Pursuant to T.C.C.P. article §44.02, §44.07 and §26.13(~. [ 3] 14.* Relator has gone well beyond any requirements, or obli-. gations upon him by the Texas Code of Criminal procedure. An•n contrast to Relator's efferts, respondents has wholly failed to comply with T.C.C.P. article §11.07 3 (c); articles §28.01 section 1(1) thcu(B); §44.02; §26.13f,Pnd §44.07 Statutes of T.C.C.P.; and is acting in bad faith and has failed to afford Relator the professional and ~ommon courtesy of any written response to relator's timely, legitimate Motionsand Right to,, an appeal on said Motions. 1!t Wherefore, Premises considered, relator, Craig mack, Pro Se respectfully request a finding that respondent did not respond to any of relator's nine(9) timely filed Motions for his defense, and that Respondents are denying, hindering,and abridging re- lat'or' s Right To an Appeal on ALL Motions filed prior to the Trial date of June 19TH,2014;and that Relator has brought this liti- gation in good faith and has substantially Prevailed, under the Laws and Status of this State. Relator Prays for an 'ORDER' directing Respondents to respond in writing to all nine(9) of Relator's legitimate and timely filed Motions; issue .an ORDER for Respondents to grant Relator his RIGHT to appeal on these nine(9)Motions; also issue an ORDER for Respondents to provide Relator with a copy of the Clerk's records and Trial- records under Relator's indigent status in order to perfect his Right To appeal. Respectfully Submitted By: Craig Mack,Pro Se [0 4] . CERTIFICATE OF SERVICE This is to certify that on this the____ J~~tf\L·--·_______ day of ~1\!Ad..-\1'~ •' 2015. A true copy of Relator's Original Application for Writ of Mandamus, has been served on the District Clerk, Mrs. Karen Matkin; the Criminal District Attorney, Mr. Abel Reyna; and District Judge; Honorable Matt Johnson's Offices at McLennan • County, Texas, at Waco,Texas by placing the same in the United States Postal Service Mail. /s/ W'~ Mr. Cr~k #1939218 Mark Wayne Michael Unit 2664 Tennessee Colony, Texas 75886 Craig Mack. ~~· [51 • AO 240 (Rev. 06/09) Application to Proceed in District Court Without Prepaying F~es or Costs (Short Form) UNITED STATES DISTRICT COURT ,. WestemD;::~eofTexas ;Jt1tv_. sLfth·ruJrd~J Di4vl&-- ~w-t ~-1\1\ ~~&tLCow~~- f1tl4r., fl-,1<11 :JJJJ..A~·-r{laintiff .· · . · ) ) ) Civil Action No. .. -,;~d& ., . . u ttlM:-. AkA '&-ytxl j(-v.{l/tNs.,-N,feeN /k1dltf