WR-83,783-01,02
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/26/2015 8:45:18 AM
Accepted 8/26/2015 8:59:23 AM
ABEL ACOSTA
NO. ______________________ CLERK
RECEIVED
IN THE COURT OF CRIMINAL APPEALS
8/26/2015
COURT OF CRIMINAL APPEALS ABEL ACOSTA, CLERK
AT AUSTIN, TEXAS
In Re: Thomas Allen Simon, Relator
RELATOR’S MOTION FOR TEMPORARY RELIEF
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Relator, Thomas Allen Simon, respectfully presents this Motion for
Temporary Relief pursuant to TEX. R. APP. P. 52.10. In support of his motion,
Relator would show the Court as follows:
1. Relator has, on August 25, 2015, filed a Petition for Writ of Mandamus
and for Writ of Prohibition with this Court seeking to vacate the order of
the trial court removing his appointed trial counsel.
2. Relator requests that this Court issue an order staying the underlying
proceedings in the court below.
3. Respondent has set the underlying case on the trial court’s docket on
August 27, 2015 for hearing on Relator’s pre-trial motions and on
September 14, 2015 for jury trial. As it stands, Tracy D. Cluck has been
removed as Relator’s attorney and has no right to represent Relator at the
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pre-trial hearing or jury trial. Relator does not know whether this Court
can rule on this application before this hearing and/or the jury trial occur.
4. Any attempt by Respondent to force the underlying case to hearings or to
trial will interfere with this Court’s jurisdiction and will deprive Relator
of the right to have the impropriety of the challenged order removing
Tracy D. Cluck as his attorney determined before he is subjected to
hearings or trial hereunder.
5. Relator has no adequate remedy at law to redress the harm that he alleges
will ensue if the trial court forces the case to hearings or trial before this
court determines the propriety of the order removing his attorney.
6. For these reasons, Relator requests this Court to issue an order staying
the underlying proceedings.
WHEREFORE, PREMISES CONSIDERED, Relator respectfully requests
that the Court grant this motion for temporary relief and that the Court grant such
other and further relief to which Relator may show himself to be justly and
equitably entitled.
Respectfully submitted,
/s/ Tracy D. Cluck
___________________________
TRACY D. CLUCK
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Texas Bar No. 00787254
12600 Hill Country Blvd., Ste. R-275
Austin, Texas 78738
Tel: (512) 329-2615
Fax: (512) 329-2604
tracy@tracyclucklawyer.com
L. T. “Butch” Bradt
Texas Bar No. 02841600
14015 Southwest Freeway, Ste. 4
Sugar Land, Texas 77478
Tel: (281) 201-0700
Fax: (281) 201-1202
ltbradt@flash.net
ATTORNEYS FOR RELATOR
THOMAS ALLEN SIMON
CERTIFICATE OF COMPLIANCE
I hereby certify that I have, in compliance with Tex.R.App.P. 52.10,
notified, or made diligent effort to notify, all parties by expedited means, by e-
mailing this motion to each on August 25, 2015, notifying the parties that a motion
for temporary relief has been, or will be, filed in this case.
/s/ Tracy D. Cluck
TRACY D. CLUCK
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CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing document has
been served on the following parties, by e-mail, on August 25, 2015:
Honorable Evan Stubbs
424th Judicial District Court
1701 E. Polk St., Ste. 74
Burnet, Texas 78611
424distjudge@gmail.com
Hon. Wiley B. “Sonny” McAfee
33rd & 424th Judicial District Attorney
Gary Bunyard, Asst. Dist. Atty.
1701 E. Polk St., Ste. 24
Burnet, Texas 78611
Wiley1450@yahoo.com
g.bunyard@co.llano.tx.us
Gary Prust
1607 Nueces St.
Austin, Texas 78701
gary@prustlaw.com
/s/ Tracy D. Cluck
TRACY D. CLUCK
CERTIFICATE OF WORD COUNT
I certify that the pertinent portion of this Motion for Temporary Relief is
comprised of approximately 574 words.
/s/ Tracy D. Cluck
TRACY D. CLUCK
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