Kay, Ervin

~ 3, -=1-ro-o 1 Mr. Ervin Kay August 3, 2015 TDCJ #1331828 Darrington Unit Rosharon, Tx. 77583 RECEiVED IN COURT OF CR!~mNAL APPEALS TEXAS COURT OF CRIMINAL APPEALS AUG 07 2il15 Attn: Court Clerk P.O. Box 12308 Capitol Station Abet Atosta, Clerk Austin, Tx. 78711 Re: ENCLOSED "PETITION FOR WRIT OF MANDAMUS", CHALLENGE . TO THE 262nd JUDICIAL DISTRICT COURT, Cause No. 1028331& 1028332 Dear Court Clerk: Enclosed, please find an Original Copy of .Relator's, "Petition For Writ Of Mandamus" to be filed before the Court, seeking to compel the lower court to alter an unwarranted five ( 5) year delay and Rule on the Constitutional Merits of his post-trial Claims, advanced in his 11.07., currently pending. Please file said 'Mandamus• before the Court, having the appropriate Jurisdiction over the same, at the Court's earliest convenierice. Your help in filing said 'Mandamus' before the Court, having the appropriate Jurisdiction over the same, at the Court's earliest convenience, would ·. be greatly appreciated. By copy of this letter and the enclosed 'Petition', I am forwarding a copy of the same to the Respondent, Hon. DENISE BRADLEY, Judge, 262nd Judicial District Court, Harris County, Texas~ Sincerely, Ervin Kay Relator pro Se TDCJ #1331828 Cause No. ERVIN KAY, § In The Texas Court (Relator) vs. § Of Criminal Appeals Hon. DENISE BRADLEY, Judge 262nd Judicial District Court, (Respondent) § Travis County, Texas PETITION FOR WRIT OF MANDAMUS Challenge To Cause No. 1028331& 1028332 In The 262nd Judicial District Court Harris County, Texas TO THE HONORABLE JUDGES OF SAID COURT: PLEASE TAKE NOTICE, that COMES NOW, ERVIN KAY, Relator, Pro Se, in the above styled cause, files this his "Petition For Writ Of Mandamus", in good faith, contending Due Process and the interest of justice would best be served by this Court Granting the same, and in support thereof, your Relator would present the following: I. JURISDICTION That this Honorable Court has Jurisdiction to entertain said 'Petition' pursuant to Art. 22.221, et.al., Government 2 Code, Art. 1 Sec. 10, Texas Constitution; U.S.C.A., Amend. 5; 14. II. PROCEDURAL HISTORY That your Relator was charged with the Offense of Aggravated Robbery. Judgment was rendered against Relator September 29, 2005. Direct Appeal was advanced in the 14th Court of Appeals, located in Harris County, Texas. Relator subsequently filed a State habeas Petition before the Court, 262nd Judicial District Court, Hon. MIKE ANDERSON, on January 7, 2010. Relator challenged the Constitutionality of his confinement on the grounds of· • Involuntary Plea •; and • Ineffective Assistance of Counsel. • Pursuant to the provisions of Art. 11.07 Sec 3, et.al., V.A.C.C.P., the State 'Designated Issues To Be Resolved'. Said • Designation of Issues To Be Resolved •, consisting of seven (7) distinct points for resolution, was signed by the Trial Court, and implemented more than five ( 5) years ago. As of this date, the 'Designation Of Issues • has yet to be resolved, pursuant to the provisions of Art. 11.07 Sec. 3. III. MINISTERIAL ACT That your Relator asserts the act he seeks is wholly • Ministerial'. Moreover, your Relator has no other remedy at 3 law to advance the Constitutional merits of :his claims towards resolution, save for the filing of this his 'Petition For Writ Of Mandamus. ' See In Re Jackson, 238 S. W. 3d 603, 605-606, (Tex. App. - Waco 2007}; Padieu v. Court Of Appeals, 392 s.w. 3d 115, (Tex. Cr. App. 2013); Government Code, Art. 22.021, et.al.; u.s.c.A., Amend. 5; 14. IV. UNREASONABLE DELAY That your Relator challenged the Constitutionality of his confinement, contending, inter alia, his plea was rendered involuntarily, unknowingly and unintelligently, due to 'mental impairment' and Counsel's, JEROME GOD INCH, rendering of unreasonable, ineffective assistance of Counsel. More than five (5) years has elasped since the 'Designation Of Issues' to be resolved. Said delay, in ·resolving Relator's factual allegations, is unreasonable. Relator has no other way to compel the speedy resolution of his claims, as required by the provisions of Art. 11.07 Sec. 3, et. al., save for the advancement of this his 'Petition For Writ of Mandamus.' WHEREFORE, PREMISES, ARGUMENTS and AUTHORITIES CONSIDERED, your Relator prays and respectfully urge for this Honorable Court to Grant said 'Mandamus', to accord Relator the speedy resolution of his claim, in the interest of justice. Relator further prays this Court would determine the five ( 5) year delay is unreasonable, and that due process 4 would be best served by this Court compelling resolution of the same. Alternatively, your Relator prays for whatever other, further or different relief this Court deemed is just and proper, including the Ordering of an 'Evidentiary Hearing' to address the Constitutional Merits of Relator's Post-Trial, unresolved allegations of facts, material to the legality of his confinement, that warrants resolution to determine whether or not your Relator is patently confined in breach of the United States and Texas Constitution, in the interest of justice. It is so prayed for. Respectfully submitted, ERVIN KAY Relator Pro Se TDCJ #1331828 Darrington Unit Rosharon, Tx. 77583 AFFIDAVIT PURSUANT TO TITLE 6, CHAPTER 132, V.T.C.A., CIVIL PRACTICE AND REMEDIES CODE, AND 28 U.S.C. § 1746: I, ERVIN KAY, Relator Pro Se, being currently confined in the Texas Department of Criminal Justice Institutional Division, at the Darrington Unit, located here in Brazoria County, Texas, have read the foregoing 11 PETITION FOR WRIT OF MANDAMUS 11 , seeking to compel the Lower Court to respond, hereby DEPOSE AND DECLARE under the pain and penalties of PERJURY the foregoing • Petition For Writ Of Mandamus • is true and correct to the best of Relator's belief and knowledge. EXECUTED ON THIS THE --1.~"" DAY OF 4~~ I 2015. ERVIN KAY Relator Pro Se TDCJ #1331828 Darrington Unit Rosharon, Tx. 77583 CERTIFICATE OF SERVICE I, ERVIN KAY, Relator, Pro Se, files this his "PETITION FOR WRIT OF MANDAMUS", in good faith, and in the interest of justice, seeking to have the Higher Court compel the lower court to address the Constitutional Merits of his claims, hereby CERTIFY a true and correct legible copy of the foregoing "PETITION FOR WRIT OF MANDAMUS" was served upon the below named and listed parties by placing the same in the United States Mail, in a wJpper, with pre-paid postage affixed thereto, on this the '3 G day of ~u~:b 2o15. 1. TEXAS COURT OF CRIMINAL APPEALS Attn: Hon. ABEL ACOSTA, Clerk P.O. Box 12308, Capitol Station Austin, Tx. 78711 2. HARRIS COUNTY COURTHOUSE 262nd judicial District Court Hon. DENISE BRADLEY, Judge 1201 Franklin St., 15th Fl. Houston, Tx. 77002 Relator, Pro Se TDCJ #1331828 Darrington Unit Rosharon, Tx. 77583