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The Six§:rv;ié>isir?c;§eas Ec)urt of Appeals FH_ED |N
MAY 2 2 2015 Sixth Ec)urt D‘F Appeals The Co~u¢;t O~prpea‘S
Bi-State austice Bldg. SiXth D’istric‘t
?EXETKHN@,TQXGS ‘ ' 100 N. State Line Ave. #20 MAY 2 2 2015
Debra Autrey, Clerk
Texarkana, Texas 75501-5952
Texa§rkéfna, ?Fe>'cé$
.'D...'..___ :,1 . . _. .
award .~1\.. mm
Leave to File
writ cf Mandamus
Mark Eugené Engle
v.
The State of Texas
Trial Ease NO. 29110
Honorable Judge Beacom
In the 554th District Cuurt
Parties:
Mark Eugene Engle Judge Beacom
#1958430 Prn-Se ' Df the 354th
Eonnally Unit District Eourt
899 F.M. 632
Kennedy,TX 78119
(I)
iTable of Enntenta
Identity et The Partiea
Index of Authoritiee
Statement et The Eaee
leaue Preeented with Argument
Petitien eheuld be granted because Relater has
Demonetrated that his motion has been filed er
brought to the attention of`the"Triel`Eourt, or
en the alternativefis it am:abueewof discretion
for the trial Judge net te rule en a timely tiled
metien.
Eenclueion and Prayer
Bertificate et Service
Exhibit A Attached
(II)
Index of Authuritiee
Canadian Helicoptere Ltd v witting, 876 S.M.Zd
304,305 (Texas 1994)
Johnson V Fourth Eourt of Appeala 700 B.M.Zd
916,917 (Texas 1985)
Btoner v Maseey, 556 S.U.Zd 843,846 (Texas 1979)
ln re Villereal, 96 S.U.Zd 706,710-711 (T§x.App.
Ammerillo 2003)
(5)
Statement£of the Ease
0n January 20th 2015 relator sent a notion to add additional designation issue to
Judge Beacom that would prove relator's actual innocence in regards to the invalid search
warrant andaaffidavit for search warrant and orders from theaexamining'trial. 0n Febuary
9th 2015 relator sent a motion To Return Property. 0n December 19th 2014 relator.filed a
motion Designation The Grand Jury Minutes. 0n April 20th 2015 relator sent by Certified
Mail (see EXhibit "A" attached green card and receipt) motion to Show Eause and motion to
Dismiss with Prejudice. The Honorable Judge has a duty to rule on_an timely motion which
is a Judicial Act. lt is an abuse of Discretion not to act.
(L+)
Issue Presented
Is it an Abuse of Discretion for the Judge to not rule on a timely filed motion.
0n December 19th 2014 relator sent a motion to the Judge for Designation of the
Grandjury Minutes. See (C;R.Pg.136).0@u3anuaryy20thd2015Hrelator sent a motion for Add:
itional Deignation to prove his actual innocence on an invalid search warrant and aff-
idavit of search warrant and orders from the examing trial. 0n Febuary 9th 2015 relator
sent a motion to Eeturn Broperty to the Judge. 0n March ch 2015 he sent a motion Eesi-
gnation of`record on an incomplete record. 0n April 20th 2015 he sent a motion to 5how
Cause to the Judge and a motion to Dismiss with Prejudice by Certified Mail see Exhibit
"A" attached with Eertified Mail Receipt.
Arguments
Btandard of Review
Mandamus is an extraordinary remedy, available only in limited circunstances.
Ea Adian HelicoptersLtd v witting, 076 B.U.2d 304,305 (Texas'199h§.
Ittis.the Burden; of the relator to show entitlement to the relief being request
ed..See'Benerally Johnson v Fourth Eourt of Appeals, 700 5.w.2d 916,917 (Texas 1985),(0
riginal Proceeding). In order to be entitled to relief, the relator must show the foll-
owing: (1) a legal duty to perform; (2) a demand for performance; and (3) a refusal to
act. See Stoner v Massey, 506 S.U.Zd 0#3,046 (Texas 1979).
with the facts presented relator has shown that all motions are over (30) days
’with the attached Exhibit "A" attached green card Eertified Receipt.
Relator's petition should be granted because relator has demostrated that
his motion has been filed or brought totthe attention of the trial court.
652
The Burden is on the relator to show that the District Court knew of it's Duty
to act and neglected to perform it. 5ee: In re Villareal,v96 S.w}Bd 700,710-711 (Tex.App
Amarillo 2003) Relator has meet his Burden, he is entitled to relief. 5ee: Stoner v Masi
sey, 506 5.w.2d AtBA6.
Conclusion and Prayer
Relator's petition should be Branted, he has demonstrated that the trial court
has failed to act in a timely fashion-
wherefore, premises considered. Relator Prays the Bourt Erants relator leave to
file writ of Mandamus.
j;%;pec%fuwly §ubmi§:ed,
Mark Eugene§Eogie
May 1Bth 2015
Dertificate of Service
0n thisaday the 1Bth of May 2015, relator sent this leave to file Mandamus to
the 6th 00urt of Appeals of Texarkana Texas Clerk Debbie Autrey from the Eonnally Unit
899 F.M. 632, Kenedy Texas 70119 by first class mail`
Mark Eug§;eifigle
Exhibit
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(7)
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