WR-83,286-01,02
DOCKET NO. __________
IN THE RECEIVED
COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS
5/15/2015
AT AUSTIN, TEXAS ABEL ACOSTA, CLERK
IN RE:
BRANDON JAY CARTER,
Relator
MOTION FOR LEAVE TO FILE
PETITION FOR WRIT OF MANDAMUS AND
WRIT OF PROHIBITION
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Brandon Jay Carter, Relator, moves this Court to grant him leave to file
his Petition for Writ of Mandamus and Writ of Prohibition, and shows:
1. Concomitantly with filing of this Motion, Relator is tendering to
the Clerk of the Court his Petition for Writ of Mandamus and Writ of
Prohibition. That Petition is incorporated into this Motion, by reference, for
all intents and purposes, as though set forth herein verbatim.
2. Relator represents that his Petition for Writ of Mandamus
presents an issue of great importance which may be paraphrased as follows:
may a judge ignore a defendant’s Due Process rights and this Court’s
pronouncements of law by removing appointed counsel on a whim, without
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a hearing.
3. Relator suggests that this issue is of great importance, not only to
him, but to the criminal jurisprudence of Texas.
4. Relator therefore prays that this Honorable Court grant him leave
to file his Petition for Writ of Mandamus and Writ of Prohibition. Relator
prays for general relief.
Respectfully submitted,
/s/ D. Chris Hesse
David Christopher Hesse
S.B.O.T. # 24049081
112 West 8th Avenue, Suite 301
Amarillo, Texas 79101
Tel: (806) 350-6785
Fax: (806) 350-6786
Chris@PanhandleCriminalDefense.Attorney
Attorney for Relator, Brandon Jay Carter
Of Counsel:
L.T. “Butch” Bradt #02841600
14015 Southwest Freeway, Suite 4
Sugar Land, Texas 77478
(281) 201-0700
Fax: (281) 201-1202
ltbradt@flash.net
Michael Mowla #24048680
445 E. FM 1382 #3-718
Cedar Hill, Texas 75104
(972) 795-2401
Fax: (972) 692-6636
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michael@mowlalaw.com
CERTIFICATE OF SERVICE
I, the undersigned attorney, in accordance with the Rule 9.5, T.R.A.P.,
certify that a true and correct copy of the foregoing Petition was delivered to:
Honorable Thomas R. Culver, III
240TH Judicial District Court
Fort Bend County Justice Center
1422 Eugene Heimann Circle
Courtroom: Room 3E
Richmond, Texas 77469
Becky.Fisher@fortbendcountytx.gov
John F. Healey, Jr., District Attorney
Gail Kikawa McConnell, Ass’t District Attorney
1422 Eugene Heimann Circle
Richmond, TX 77469
Gail.McConnell@fortbendcountytx.gov
Harris S. Wood, Jr.
701 North Post Oak Road #425
Houston, Texas 77024
Fax: (281) 579-1586
hwoodatty@yahoo.com
On May 11, 2015.
/s/ D. Chris Hesse
D. Chris Hesse
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Carter, Brandon Jay
Combined Opinion