'·
Thomas Liberty
915258
Michael Unit
2664 FM 2054
Tennessee colony, TX 75886
September 01, 2015
Abel Acosta, Clerk,
Court of Criminal Appe~ls of Texas
P.O. Box 12308, Capitol Station
Austin, Texas 78711
Re: Application for Writ of Mandamus,
Cause Nos 805615-B & 805616-B
From the 178th District Court, Harris County, Tx
Dear Mr. Acosta:
Enclos~d is my application for Writ of Mandamus in the above
referenced cause numbers. Please file said applicatiion and return a
copy of the filing in the enclosed self addressed stamped envelope.
Thank you for your time and consideration in this matter.
Sincerely,
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~l Of C~II\IIIN&i. APPEAlS
SEP 08 2015
CAUSE NOs 805615-B & 805616-B
THOMAS DOMINIC LIBERTY § IN THE COURT OF CRIMINAL
TDCJ-ID #915258 §
RELATOR §
§
v. s~ APPEALS OF TEXAS
§
CHRIS DANIEL, § TRAVIS COUNTY, TEXAS
HARRIS COUNTY DISTRICT CLERK §
RESPONDANT §
PLAINTIFF'S ORIGINAL APPLICATION FOR WRIT OF MANDAMUS
To the Honorable Judge of said Court:
Comes Now, Thomas D. Liberty, Relator, pro se in the above styled and
numbered causes of action and files this original Application for Writ
of Mandamus, pursuant to Article 11.07, Section 3(c) of the Texas
Code·of Criminal Procedure, and would show the Court the following:
I
A. RELATOR·
1.01 Thomas Liberty, TDCJ-ID #915258, is incarcerated in the Texas
Department of Criminal Justice and is appearing pro se, who can
be located at the Michael Unit, 2664 FM 2054, Tennessee Colony,
Anderson County, Texas 75886.
1.02 Relator has exhausted his remedies and has no other adequate
remedy at law;
1.03 The Act sought to be compelled is ministerial, not discre-
tionary in nature. T.C.C.P. Art. 11.07, Section 3(c) requires
Respondant to immediately transmit to the Court of Criminal
Appeals a copy of the Application for Writ of Habeas Corpus, any
answers filed, and a certificate reciting the date upon which
that finding was made, if the convicting Court decides that there
(1)
are no issues to be resolved. No copy of the Application for Writ
of Habeas Corpus, no answers filed nor a certificate reciting
the date upon which that finding was.made have been transmitted to
the Court of Criminal Appeals. Had such documents been trans-
mitted to (ti11e Court of Criminal Appeals as required by statute,
Relator would have received notice from the Court of Criminal
Appeals.
II
B. RESPONDANT
2.01 Respondant, Chris Daniel, in his capacity as District Clerk
for Harris County, Texas has a ministerial duty to receive and
file all papers in a criminal proceeding, and perform all other
duties imposed on the clerk by law pursuant to T.C.C.P. Art. 2.21,
and is responsible under T.C.C.P. 11.07,Section 3(c) to immed-
iately transmit to the Court of Criminal Appeals a copy of the
Application for Writ of Habeas Corpus, any answers filed, and a
certificate reciting the date upon which that finding was made if
, s~he convicting Court decides that there are no issues to be
I -
reso 1 ved. Chris D·aniel, District Clerk, Harris County, Texas may
./
be served at his place of business at 1201 Franklin Street,
Houston, Texas 77002.
III
C. VIOLATION OF ARTICLE 11.0-1 OF THE TEXAS CODE OF CRIMINAL PROCEDURE
3.01 The Respondant violated Article 11.07, Section 3(c) of the
Code of Criminal Procedure by failing to provide a copy of tpe
(2)
u
Application for Writ of Habeas Corpus, any answers filed, and a
certificate reciting the date upon which that finding was made to
the Court of Criminal Appeals within time prescribed by law and
within a reasonable time from the date on which the documents
were requested tci be transmitted.
3.02 Request for the transmittal of the Application for Writ of
Habeas Corpus, any answers filed, and a certificate reciting the
date upon which that finding was made were made by Relator to
Chris Daniel several different times; (see attached copies of
letters listed as Exhibits A through D).
3.03 To date, Relator has not received a respon~e from Respondant
regarding Relator's request for transmittal of the Application
for Writ of Habeas Corpus, any answers filed, and a certificate
reciting the date upon which that finding was made to the Court
of Criminal Appeals.
3.04 As is clear from Relator's letters, Relator has repeat-
edly put Respondant on notice that Relator seeks the transmittal
of the Application for Writ of Habeas Corpus, any answers filed,'
and a certificate reciting the date upon which that finding was
made to the Court of Criminal Appeals. Such records are required
by the Court of Criminal Appeals to act on Relator's Writ of
Habeas Corpus. Relator has gone well beyond any requirement or
obligation imposed on him by the Texas Code of Griminal Prodedure,
Article 11.07, Section 3(c). In contrast to Relator's efforts,
Respondant has wholly failed to comply with the T.C.C.P. Article
11.07, Section 3(c), is acting in bad faith, and has also failed
(3)
to afford Relator the professional and common curtesy of any
written responses to his correspondence and request.
3.05 Article 11.07, Section 3(c) clearly states that, ''If the
convicting Court decides that there are no such issues, the clerk
shall immediately transmit to the Court of Criminal Appeals a copy
of the Application, any answers filed, and a certificate reciting
the date upon which that finding was made. Failure of the Court to
act within the allowed 20 days shall constitute such a finding."
(
Re$pondant is in violation of Texas Code of Criminal Procedure
Article 11.07, Section 3(c), which mandates his ministerial duties
and the laws of the State.
PRAYER
Wherefore, premises considered, Relator, Thomas Liberty, pro se,
respectfully requests a finding that Respondant failed to trans-
mit documents to the court of Criminal Appeals within a reasonable
time after the date they were requested. Relator brings this lit-
igation in good faith. Relator prays for an Order directing Res-
pendant to transmit copy of the Application for Writ of Habeas
Corpus, any answers filed, and a certificate reciting the date
upon which that finding was made to the Court of Criminal Appeals
as directed in Article 11.07, Section 3(c) of the Texas Code of
Criminal Procedure and as requested in Relator's letters,
(Exhibits A through D).
Respectfully,
September 01, 2015
(4)
AFFIDAVIT
I swear, under penalty of perjury, that the facts and allegations
in the Application for Writ of Mandamus are
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the above Application for Writ
of Mandamus was served on the Clerk of the Court of Criminal Appeals
by placing a copy in the U.S. Mail addressed to: Abel Acosta, Clerk,
P.O. Box 12308, Capitol Station, Austin, Texas 78711 on this the
1st day of September, 2015.
(5)
CAUSE NOs 805615-B & 805616-B
THOMAS DOMINIC LIBERTY IN THE COURT OF CRIMINAL
RELATOR
v. APPEALS OF TEXAS
CHRIS DANIEL TRAVIS COUNTY, TEXAS
HARRIS COUNTY DISTRICT CLERK
RESPOND ANT
ORDER
On this day came to be heard the foregoing Relator's Application
for Writ of Mandamus and it appears to the Court that the should be:
----------------GRANTED
It is therefore ORDERED that the District Clerk shall immediately
transmit to the Court of Criminal ·Appeals a copy of the Writ of Habeas
Corpus, any answers filed, and a certificate reciting the date upon
which that transmittal was made.
Signed on this the _____day of ___________ , 2015
PRESIDING JUDGE
i
'!
I I
August 41,, 2014 I
I( EXH I B IT - A )
I
Chris D~niel I
Harris ~ounty District Clerk /
P.O. Bo~ 4651
Houston,] Texas 77210-4651
I
I
RE: Application/s for Writ of 1\Habeas Corpus 11.07
I Cause No. 805615-BJJ