\RECE~VED .~~~
CAUSE NO
COURT OF C~ffi!lli\IAl ~~19EALS
IN RE: JESSIE BRIONES, ID# 1682650 § IN THE C~URT OF AUG 1~ 101~
REALTOR §
§ AroJ®~ ~te~~~~, C~®rk
vs. § CRIMINAL APPEALS
§
DEAN WHALEN §
AUSTIN TEXAS
ECTOR COUNTY JUDGE, 70th J.D.C. §
AND §
CLARISSA WEBSTER §
ECTOR COUNTY DISTRICT CLERK §
RESPONDENTS
REALTOR'S MOTION FOR LEAVE TO FILE ORIGINAL APPLICATION
FOR WRIT OF MANDAMUS IN FORMA PAUPRRI~
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS:
COMES NOW, Jessie Briones, Realtor, Pro-Se pursuant to Article 72'.1 of the Texas
Code Of Criminal Procedure and Article 4. 04 § l, and 11.07 § 3 (d) , of the Texas Code
of Criminal Procedure, and asks this Honorable Court,'s permission for leave to file
an "Original Application For Writ Of Mandamus Informa Pauperis," under trial Court
Habeas Cause No. A-37,410-B. Realtor's declaration of inability to pay costs is
attached as exhibit 1. In support thereof Realtor would show the following.
I.
HABEAS TRIAL COURT'S REFUSAL TO PERFORM IT'S MINISTRIAL DUTY
On March 24, 2015, Realtor filed his Second Application of.Habeas Corpus in
the trial Court No. A-37,410, along with a memorandum in support of the 11.07, and
a Appendix of Exhibits with a perponderance of evidence. On June 23, 2015, Maria
Zamudio District Clerk of Ector County answered the Habeas Application with a clerk's
summary sheet and a Clerk's Certificate of Appeal.
l.
Consequently, the trial Court has refused to rule uoon any of the grounds put
forth by Realtorin his Habeas Application and memorandum in accordance with the Rules
of Appellate Procedure, tir perform any fact finding necessary to adjudicate Realtor's
valid habeas claims.
Realtor has exhausted his remedies and has no other adequate remedy at law.
Because the acts sought to be comoelled are ministrial, not discretionary in nature,
Realtor asks the Honorable Court's permission to Grant his, "Motion For leave To
File Original Application For Writ Of Mandamus".
II.
UNDERLYING HABEAS ISSUES.
It can be shown that no order of designating issues was entered by the trial
Court, no order for affidavit were produced to resolve valid.habeas claims, no hearing
was held or any proper assisgnment to the convicting Court was done by the clerk under
';['ex. Code Crim. Proc. Ann. Art. 11.07 § 3(b) (vernon supp. 2001). By which the clerk
Clarissa Webster of the convicting Court assigns a file number to the case, ancillary
to that of the conviction being challenged, and forward a copy of the application
to the attorney representing the State. see Tex. Code Crim. Proc. Ann. Art. 11.0~ §
3 (d) . (vernon supp. 2001 )..
After the convicting Court makes a findings of fact or approves the findings
of the person designated to make them, the clerk of the convicting Court must immed-
iately transmit to the Court of Criminal Aooeals, the apolication, answers filed,
any motions filed, transcripts of all depositions and hearings, and affidavits, and
any other motions such as official records used by the Court in resolving issues of
fact. However, Realtor contends the trial Court ·and trial Clerk did not act in
accordance to there ministrial duties.
Failure of the Court to address the habeas proceedings with a finding of facts
and conclusion of law and to qrant;relief or forward t~ the Court of Criminal Appeals,
will prevent Realtor from having his claims adjudicated·based on an accurate record
compelled ~n a fair manner, and consistant with the demands of Due Process. This will
allow Realtor to show cause and prejudice in subsuquent ,federal writ litigations.
These underlying hab~as:claims, when substantiated, will entitle Realtor to relief.
2.
III.
CONCLUSION AND PRAYER
As stated above, Realtor has put the Court on notice of enforcing it's ruling
and has gone beyond the requirements of Article 11.07, to date, Realtor has recieved
no responce in accordance with Article 11.07 as listed above.
Wherefore, premises Considered, Realtor, Jessie Briones, Pro-Se Prays that
I
this Honorable Court Grant his Motion For Leave To File Original Application For
Writ Of mandamus, and issue process to compel the habeas trial Court to perform
there ministerial duties.
Executed on this 8 day of
Aug/~1~
~ctfully Submitted
Jessie Briones
SWORN DECLARATION
I, Jessie Briones, being presently incarcerated in the Goree Unit of the
T.o.c.g. in Walker County, Texas, Under penalty of purjury, do hereby affirm
that the facts put forth above are true and correct.
Executed on this 8 day of August, 2015
y~~
Respectfully Submitted
.Jessie Briones
3.
CAUSE NO.
IN RE: JESSIE BRIONES, ID# 1682650 § IN THE COURT.OF
REALTOR §
§ -
vs. § CRIMINAL APPEALS
§
DEAN WHALEN § AUSTIN TEXAS
ECTOR COUNTY JUDGE, 70th J.D.C. §
AND §
CLARISSA I.•JEBSTER §
ECTOR COUNT¥ DISTRICT CLERK §
RESPONDENTS §
REALTOR'S ORIGINAL APPLICATION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS:
COMES NOW, Jessie Briones, Realtor, Pro-Se, in the above styled and numbered
cause of action and files this Original Application .For. Writ Of Mandamus, pursuan~
to Article 11.07 § 3(d) and 4.04 § 1, of the Texas Code of Criminal Procedure, and
would show the following ..
I. REALTOR
Jessie Briones, T.D.C.J.# 1682650, is an inmate incarcerated in the Texas
Department of Criminal Justice Goree Unit, and is appearing pro-se, .who can be located
at 7405 hwy 75, S., Huntsville Texas 77344. On M3.rch 24, 2015, Realtor filed his
Original Application for a Writ of Habeas. Corpus in the .70th Judicial District of
Ector County. The application was under habeas trial Court no. A-37,410-B.
II. RESPONDENT'S
Respondent, the Honorable Dean Whalen, in his capacity as Judge of the 70th
Judicial Court, Ector County·, Texas has a ministerial duty to make a " finding of facts"
as set forth by T.C.C.P. Art. 11.07 § 3(d):, enforce any orders issued as·set forth by
T.C.C.P. Art. 11.54 1 and rule upon properly filed motipns taken under his advisement.
1.
The Honorable Dean Whalen, ,in the 70th Judicial District Court, Ector County,
I
Texas may be served at his place of business at 300, N Grant Ave. Ector County
Courthouse, Odessa Texas.
Respondent, Clarissa Webster, in her capacity as Clerk of the 70th Judicial
Court , Ector County, Texas has a ministerial duty to assign a file number to the caser
ancillary to that of the conviction being challenged .arr_d forward a copy of the applicat-
ion to the attorney representing the State under Tex. -:code Crim ..Proc. Ann. Art. 11.07
§" 3 (d) (vernon supp. 2001).
The Clerk Clarissa Webster, of the 70th Judicial District Court, Ector County,
Texas may be served at her place of business at Room 301, Ector County Courthouse,
300 N. Grant Ave. odessa Texas 79761.
III. T.C.C.P. STATUTORY REQUIREMENT~
The portions of T.C.C.P. applicable to this application, state;
If the ccnvictirg ca.rt