Burgess, Nathan Earl

Dn t oi A 1 C PD-1214-15
PD -±Z±4__Lb COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/9/2015 2:09:02 PM
Accepted 11/10/2015 4:22:45 PM
ABELACOSTA
CI FRK
THE COURT OF CRIMINAL APPEALS OF TEXAS; AUSTIN, TEXAS

FILED IN
NATHAN BURGESS, Appellant COURT OF CRIMINALAPPEALS

v- November 10, 2015

THE STATE OF TEXAS, Appellee ARF| ArncTA r, pRk"
ON APPEAL IN CAUSE NO. 05-14-00216-CR AbtLAOU^IA, OLtKK_^
FROM COURT OF APPEALS DALLAS TX 4Y^*~*"*^
APPELLANT'S SECOND MOTION TO EXTEND TIME TO FILE HIS BRIEF 1-1*-"'
l>l
PC
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS OF TEXAS: (( - I^ "*.
Pursuant to TEX. R. APP. P., 10.1,10.5(b], and 38.6(d), Indigent Appellant, NATHAN

BURGESS files his Second Motion to Extend Time for Filing Appellant's Brief, and in

support of his motion he shows the following:

Appellant's appeal brief is currently due on NOVEMBER 17th, 2015.

Appellant now requests a sixty (60) day extension of time to file Appellant's brief,

making the brief due on or about January 17th, 2015, or a time permitted by the

court based on the following criteria beyond the control of appellant:

Appellant relies on thefollowing reasons to explain the need for the extension:

- Appellant's Counsel, Attorney Alan Kramer Taggart, withdrew July 16th-2014 from

the case. It has been determined that Attorney Taggart had been improperly

appointed. Attorney Taggart never filed an application in 2013 or 2014 to be added

to the master list of attorneys from which court appointments are lawfully made in

Collin County per the Fairness Act. Appellant therefore believes that Attorney
NO. 05-14-00216-CR NATHAN E BURGESS VS. THE STATE OF TEXAS
Taggart
  was
  professionally
  and
  legally
  unqualified
  to
  represent,
  as
  Collin
  County

places
  certain
  requirements
  on
  appointed
  attorneys
  (e.g.,
  continuing
  education).

Appellant
  is
  very
  concerned
  that
  court
  staff
  conspired
  to
  his
  detriment.

Unfortunately,
 Judge
 Corinne
 Mason
 refused
 to
 consider
 this
 any
 kind
 of
 violation
 of

Appellant’s
 rights
 and
 no
 mention
 was
 made
 of
 new
 trial,
 she
 then
 recused
 herself

on
 July
 18th,
 2014
 after
 appointing
 Mr.
 Schultz
 on
 July
 16th,
 2014
 from
 the
 bench.

The
  clerk’s
 office
 shows
 the
 court
 officially
 appointed
  Attorney
  William
  Schultz
 on

July
  22nd,
  2014,
  to
  represent
  Appellant
  on
  appeal
  in
  the
  place
  of
  Attorney
  Taggart.

Appellant
  began
  immediately
  on
  July
  16th,
  2014
  to
  attempt
  contact
  with
  his
  new

counsel.
 Again,
 Appellant’s
 brief
 was
 due
 in
 the
 Dallas
 COA
 approximately
 the
 next

week.
  After
  many
  unsuccessful
  attempts
  to
  reach
  Attorney
  Schultz
  at
  his
  own

number,
  Appellant
  contacted
  the
  Office
  of
  Indigent
  Defense
  in
  Collin
  County.
  The

secretary
  was
  able
  to
  locate
  Attorney
  Schultz.
  Appellant
  and
  Attorney
  Schultz

communicated
 very
 briefly
 on
 the
 phone,
 for
 a
 period
 of
 approximately
 two
 minutes.

Attorney
 Schultz
 immediately
 told
 Appellant
 that
 he
 was
 busy,
 he
 had
 no
 time,
 and

there
 would
 be
 no
 physical
 meeting
 to
 discuss
 the
 case.
 Appellant
 was
 professional

and
 courteous.
 When
 Appellant
 objected,
 Attorney
 Schultz
 informed
 Appellant
 that

he
  had
  no
  options.
  Appellant
  would
  have
  no
  say
  at
  all
  in
  the
  matter
  and
  hung
  up
  the

telephone.
 Plaintiff
 never
 had
  a
  physical
 meeting
 with
 Mr.
 Schultz.
 During
 a
 hearing,

while
  in
  the
  courtroom,
  Attorney
  Taggart
  had
  suggested
  that
  he
  had
  spoken
  prior

with
  Attorney
  Schultz.
  Attorney
  Schultz’
  unprofessional
  behavior
  made
  this

apparent.
 Appellant
 is
 very
 concerned
 for
 his
 liberty.
 Appellant
 has
 maintained
 his

NO.
 05-­‐14-­‐00216-­‐CR

 NATHAN
 E
 BURGESS
 VS.
 THE
 STATE
 OF
 TEXAS

innocence
 and
 has
 remained
 fully
 convinced
 that
 –
 if
 not
 for
 an
 improper
 conspiracy

and
  corruption
  in
  the
  courtroom
  and
  others
  –
  his
  case
  would
  have
  been
  thrown
  out

even
  before
  it
  began.
  Appellant
  understood
  that
  his
  brief
  was
  due
  promptly
  and
  the

appointed
 attorney
 needed
 to
 give
 attention
 to
 the
 case
 so
 that
 he
 could
 understand

the
 case
 from
 appellant’s
 viewpoint,
 not
 only
 from
 the
 ambiguously
 written
 stories

on
  the
  record.
  Appellant
  got
  into
  communication
  with
  the
  State
  Bar
  of
  Texas,
  the

Office
 of
 Indigent
 Defense,
 and
 the
 State
 Commission
 on
 Judicial
 Conduct.
 Appellant

also
  attempted
  to
  work
  with
  Judge
  Mason
  and
  Judge
  Barnett
  walker
  to
  force

communication
  between
  his
  appointed
  counsel
  and
  himself.
  Otherwise,
  Appellant

wanted
 to
 have
 another
 attorney
 who
 would
 properly
 advocate
 for
 him,
 as
 required

by
 the
 State
 Bar
 of
 Texas
 and
 the
 Office
 of
 Indigent
 Defense
 in
 Collin
 County
 via
 the

Fairness
 Act.
 Appellant
 believed
 that
 he
 was
 and
 still
 is
 due
 a
 new
 trial,
 due
 to
 the

misconduct
  among
  the
  court
  staff
  and
  legal
  representation
  by
  an
  attorney

unqualified
  for
  appointment
  in
  2012,
  2013
  and
  2014,
  by
  the
  Office
  of
  Indigent

Defense
  according
  to
  the
  indigent
  coordinator.
  However,
  Appellant
  does
  not
  know

how
  to
  effect
  this
  outcome.
  At
  this
  point,
  Attorney
  Schultz
  has
  manifested
  his

unwillingness
  and
  inability
  to
  be
  of
  any
  great
  help,
  so
  Appellant
  is
  now
  busy

concerning
 himself
 with
 his
 own
 pursuit
 of
 justice.

Appellant
  sought
  to
  recuse
  the
  Appellant
  Counsel
  on
  several
  occasions,
  both
  by

submitting
 DISMISS
 AND
 SUBSTITUTION
 OF
 COUNSEL
 requests
 to
 the
 Collin
 County

Court
  at
  Law
  and
  The
  COA
  in
  Dallas,
  without
  success;
  he
  was
  told
  he
  could
  not
  have

NO.
 05-­‐14-­‐00216-­‐CR

 NATHAN
 E
 BURGESS
 VS.
 THE
 STATE
 OF
 TEXAS

hybrid
  representation
  and
  would
  have
  to
  keep
  the
  court
  appointed
  attorney.

Consequently,
 Appellant
 had
 to
 keep
 Mr.
 Schultz
 until
 now.

Currently,
 Appellant
 has
 sought
 since
 September
 21st,
 2015
 to
 dismiss
 the
 attorney,

Mr.
 Schultz.
 He
 has
 had
 to
 even
 threaten
 a
 lawsuit
 to
 inspire
 Mr.
 Schultz
 to
 send
 him

the
  file
  from
  which
  he
  wrote
  the
  Appellant
  brief,
  but
  to
  date,
  Appellant
  has
  only

received
 approximately
 18
 pages
 from
 the
 attorney.
 The
 18
 pages
 include
 the
 COA

Memorandum,
  and
  a
  larger
  quantity
  of
  pages
  from
  a
  random
  site
  with
  some
  print

out
  of
  rules
  and
  regulations
  of
  sorts.
  Appellant
  believes
  he
  has
  a
  right
  to
  use
  he

complete
 file
 to
 write
 his
 Appeal
 Brief
 and
 it
 appears
 to
 Appellant
 that
 his
 ex
 court

appointed
  attorney
  is
  seeking
  to
  do
  damage
  to
  Appellant’s
  chances
  of
  writing
  a

successful
  and
  winning
  appeal
  brief.
  He
  has
  been
  contacted
  repeatedly
  requesting

these
 files
 and
 has
 said
 he
 has
 no
 files
 to
 transfer.
 Appellant
 wants
 to
 know
 which

files
 he
 used
 to
 write
 the
 appeal
 brief;
 and
 can
 not
 imagine
 how
 the
 attorney
 could

have
  known
  the
  extents
  of
  law
  that
  might
  be
  applicable
  as
  relating
  to
  the

constitutional
  issues
  involved
  in
  his
  case,
  as
  well
  as
  details
  that
  occurred
  that
  are
  of

major
  importance
  to
  the
  truth
  of
  the
  testimony
  given
  during
  testimony
  and
  cross

examination
 without
 a
 record
 to
 work.

Appellant
 will
 not
 delve
 into
 the
 labyrinth
 of
 personal
 injuries
 that
 this
 attorney
 has

caused
  Appellant,
  however,
  he
  will
  simply
  say,
  he
  has
  not
  been
  represented
  in
  a

professional
  manner
  worthy
  of
  a
  career
  attorney.

  For
  example,
  the
  case
  involves

Mens
 Rea,
 Intentionally,
 Willingly,
 Knowingly,
 which
 was
 not,
 required
 elements
 of

NO.
 05-­‐14-­‐00216-­‐CR

 NATHAN
 E
 BURGESS
 VS.
 THE
 STATE
 OF
 TEXAS

the
  prosecution,
  however,
  it
  was
  added,
  yet
  not
  proven
  by
  the
  prosecution
  during

trial,
  nor
  considered
  in
  the
  COA
  opinion,
  unless
  that
  is
  the
  reason
  for
  the
  lack
  of

evidence
  to
  convict
  in
  the
  Conclusions
  of
  law
  in
  the
  next
  to
  last
  paragraph
  of
  the

memorandum
  opinion,
  however,
  the
  appointed
  attorney
  did
  not
  challenge
  mens
  rea

in
 his
 appeal
 brief.
 He
 attorney
 now
 will
 not
 turn
 over
 the
 file
 so
 Appellant
 can
 have

a
  fair
  chance
  at
  writing
  his
  appeal
  brief
  to
  challenge
  the
  prosecution
 on
 this
 issue.

Obviously,
 the
 Appointed
 Attorney
 is
 doing
 what
 he
 can,
 intentionally
 or
 negligently,

to
  hinder
  Appellant’s
  success.
  He
  was
  on
  file
  as
  representing
  attorney
  during

plenary
 power
 of
 COA,
 yet
 did
 nothing
 to
 move
 the
 court
 to
 reconsider,
 he
 only
 sat

silently,
  and
  now
  refuses
  to
  withdraw
  as
  counsel,
  seemingly
  holding
  Appellant

hostage
  for
  some
  unknown
  reason,
  or
  simply
  to
  try
  to
  control
  and
  harass
  the

appellant.

The
  appointed
  attorney
  has
  also
  been
  made
  aware
  that
  the
  COA
  Dallas,
  has
  made

Appellant
 aware
 that
 he
 has
 not
 formally
 withdrawn
 from
 the
 case,
 even
 though
 he

has
  no
  intention
  of
  filing
  any
  documents
  with
  the
  court,
  and
  Appellant
  has
  “Fired”

the
 Attorney
 written
 clearly
 in
 an
 email,
 and
 consistently
 told
 the
 attorney
 he
 does

not
 want
 his
 representation
 past
 his
 unsuccessful
 attempt
 at
 the
 COA
 appeal
 brief.

Even
  the
  COA
  found
  there
  was
  not
  sufficient
  evidence
  to
  convict
  the
  Appellant
  in

their
 conclusion
 of
 law,
 however,
 affirmed
 the
 County
 decision.

 So,
 by
 not
 passing

along
 the
 file
 as
 necessary;
 by
 not
 withdrawing
 from
 the
 COA
 Case
 presently
 in
 this

Court,
 he
 is
 hindering
 the
 timely
 work
 of
 the
 Appellant
 and
 causing
 personal
 injury

to
 Appellant,
 and
 delay
 in
 this
 court,
 and
 Appellant
 has
 to
 now
 seek
 the
 grace
 and

NO.
 05-­‐14-­‐00216-­‐CR

 NATHAN
 E
 BURGESS
 VS.
 THE
 STATE
 OF
 TEXAS

favor
 of
 the
 court
 for
 additional
 time
 to
 attain
 the
 complete
 and
 accurate
 copy
 of
 the

record,
  which
  should
  have
  been
  diligently
  provided
  to
  him
  by
  this
  attorney,
  Mr.

William
  Schultz.

  Appellant
  will
  need
  time
  to
  ascertain
  these
  files,
  write
  his
  brief,

therefore,
  he
  is
  requesting
  from
  the
  court
  to
  not
  be
  placed
  in
  a
  position
  of
  having
  to

attempt
  to
  write
  his
  appeal
  without
  all
  available
  case
  files,
  and
  adequate
  time
  to

write
 his
 brief.

Also,
 the
 attorney
 did
 not
 request
 the
 court
 reporters
 to
 provide
 court
 transcripts
 of

all
  court
  hearings,
  or
  the
  reporters
  have
  not
  followed
  such
  requests
  by
  filing
  the

original
 copies
 of
 all
 files
 in
 this
 instant
 criminal
 case
 with
 the
 County
 Court
 at
 Law

Clerks
 Office
 in
 a
 timely
 manner,
 based
 on
 the
 fact
 that
 this
 case
 has
 now
 passed
 3

years
 old
 as
 of
 July
 13th,
 2015.
 Appellant
 has
 left
 voice
 messages
 and
 afterward
 he

has
  sent
  follow-­‐up
  notices
  in
  email
  form
  to
  most
  all
  the
  court
  reporters
  that
  have

been
  associated
  with
  this
  case,
  and
  have
  only
  received
  and
  answer
  from
  one

reporter,
  but
  even
  she
  was
  not
  obliged
  to
  provide
  these
  documents
  without

considerable
  legwork
  from
  Appellant.
  Appellant
  will
  need
  time
  to
  get
  all
  these

reporters
  records
  which
  were
  not
  asked
  for
  and
  provided
  for
  which
  should
  have

been
 part
 of
 the
 attorney’s
 record,
 or
 possibly,
 they
 simply
 were
 not
 provided
 by
 the

associated
 court
 reporters
 of
 this
 case.
 Plaintiff
 would
 not
 be
 in
 this
 situation
 if
 the

attorney
  would
  have
  simply
  done
  his
  job,
  then
  the
  file
  would
  be
  complete
  and
  when

presented
  to
  Appellant
  upon
  completion
  of
  the
  attorney’s
  work,
  Appellant
  would

have
 already
 received
 the
 complete
 file
 and
 he
 would
 have
 been
 ready
 to
 begin
 the

brief
 to
 be
 filed
 timely.
 Appellant
 has
 up
 to
 this
 last
 week,
 as
 the
 court
 is
 aware
 from

NO.
 05-­‐14-­‐00216-­‐CR

 NATHAN
 E
 BURGESS
 VS.
 THE
 STATE
 OF
 TEXAS

the
  many
  phone
  calls,
  been
  in
  contact
  with
  these
  individuals
  and
  even
  the
  County

Clerk
  at
  Law
  Office
  without
  success
  at
  getting
  a
  complete
  record;
  he
  has
  a
  partial

record,
  but
  not
  a
  complete
  record,
  which
  is
  necessary
  to
  write
  an
  accurate,

persuasive,
 and
 forceful
 appeal.

Appellant
  has
  contacted
  the
  prosecutor’s
  office,
  Mr.
  John
  Rolater,
  and
  has
  been
  kept

him
 informed
 of
 these
 missing
 documents
 for
 the
 last
 three
 weeks,
 as
 well
 as,
 other

altered,
 and
 /
 or
 forged
 documents
 in
 the
 file;
 as
 well
 as,
 missing
 documents
 from

Judge
  Mary
  Murphy
  that
  authorized
  3
  recusal
  hearings,
  as
  well
  as,
  the
  court

transcripts
  of
  those
  hearings.
  There
  does
  not
  seem
  to
  be
  a
  record
  even
  in
  the
  Clerks

Records
  making
  reference
  to
  these
  hearings.
  Also,
  the
  three
  dismissals,

(withdrawals),
  of
  the
  court
  appointed
  attorneys
  have
  valuable
  information
  critical

to
  Appellant’s
  case
  brief.
  Appellant
  desires
  all
  records
  to
  present
  to
  the
  court
  and

does
 not
 believe
 that
 he
 should
 be
 made
 to
 proceed
 until
 all
 the
 files
 are
 available

for
 review
 before
 this
 court.
 These
 are
 not
 tactical
 issues
 with
 Appellant
 himself,
 but

with
 the
 trial
 court,
 and
 post
 trial
 hearings,
 and
 Mr.
 Schultz,
 the
 appointed
 attorney

that
  Appellant
  has
  tried
  to
  dismiss
  without
  success.
  Even
  the
  trial
  attorney,
  Mr.

Taggart
  has
  made
  Appellant
  aware
  that
  he
  still
  has
  retained
  case
  records
  and
  has

those
  files
  in
  his
  possession.
  (Mr.
  Taggart
  did
  provide
  a
  file
  after
  his
  dismissal,

however,
 Appellant
 can
 not
 be
 certain
 as
 to
 the
 completeness
 of
 that
 file.
 Mr.
 Taggart

was
 ordered
 by
 the
 court
 to
 turn
 all
 files
 over
 to
 Mr.
 Schultz,
 however,
 Mr.
 Schultz

says
  he
  never
  received
  any
  files
  and
  does
  not
  have
  any
  files).

  Appellant
  has

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 NATHAN
 E
 BURGESS
 VS.
 THE
 STATE
 OF
 TEXAS

requested,
 and
 then
 demanded
 the
 return
 of
 all
 his
 files,
 but
 has
 not
 received
 them

at
 this
 time.

Plaintiff
  could
  write
  more,
  but
  will
  refrain
  since
  this
  is
  simply
  a
  motion
  for
  an

extension
 of
 time
 to
 file
 his
 Appellant
 Brief,
 and
 not
 a
 brief
 against
 his
 conviction.

WHEREFORE,
 PREMISES
 CONSIDERED,
 Indigent
 Appellant
 requests
 that
 this

Court
 grant
 this
 Motion
 and
 extend
 the
 date
 for
 Appellants
 to
 file
 his
 brief
 by
 no
 less

than
  sixty
  (60)
  days
  or
  a
  time
  permitted
  by
  the
  court
  based
  on
  circumstances

beyond
 the
 control
 of
 Appellant,
 being
 up
 to
 and
 including
 January
 17th,
 2016.

Indigent
 Appellant
 additionally
 requests
 all
 other
 relief
 to
 which
 he
 may
 be
 entitled,

including
 ordering
 all
 parties
 at
 this
 late
 date
 to
 provide
 the
 documents
 to
 Appellant

without
 cost
 so
 that
 he
 may
 write
 his
 brief
 to
 this
 court,
 and
 ordering
 proof
 of
 the

qualifications
 of
 the
 court
 appointed
 trial
 attorney,
 Mr.
 Taggart.
 Plaintiff
 believes
 the

complete
  record
  will
  prove
  to
  the
  court
  that
  his
  case
  should
  be
  dismissed
  or
  new

trial
 ordered
 in
 a
 different
 venue.

Respectfully
 submitted,

Nathan
 Earl
 Burgess
 4101
 S
 Custer
 Road,
 Apt
 3313

McKinney,
 TX
 75070
 Tel:
 (972)
 971-­‐8361
 Fax:
 (972)
 232-­‐2356

Email:
 pilotschoice@hotmail.com

NO.
 05-­‐14-­‐00216-­‐CR

 NATHAN
 E
 BURGESS
 VS.
 THE
 STATE
 OF
 TEXAS

CERTIFICATE
 OF
 SERVICE

Pursuant
  to
  TEX.
  R.
  APP.
  P.
  9.5,
  I
  certify
  that
  a
  true
  copy
  of
  Appellant's
  Motion
  to

Extend
  Time
  to
  File
  Brief
  was
  served
  on
  Appellee’s
  Attorney,
  John
  R.
  Rolater,
  Jr.,
  via

electronic
 email
 on
 November
 9th,
 2015
 in
 a
 manner
 allowed
 by
 the
 rules:

John
 R.
 Rolater,
 Jr.
 Collin
 County
 District
 Attorney’s
 Office

Appellate
 Division
 2100
 Bloomdale
 Road,
 Suite
 100

McKinney,
  TX
  75071
 (972)
  548-­‐4323
 (972)
  424-­‐1460
  (metro)
 (214)
  491-­‐4860

(fax)
 Email:
 jrolater@co.collin.tx.us

Nathan
 E.
 Burgess

Nathan
 Earl
 Burgess
 4101
 S
 Custer
 Road,
 Apt
 3313

McKinney,
 TX
 75070
 Tel:
 (972)
 971-­‐8361
 Fax:
 (972)
 232-­‐2356

Email:
 pilotschoice@hotmail.com

NO.
 05-­‐14-­‐00216-­‐CR

 NATHAN
 E
 BURGESS
 VS.
 THE
 STATE
 OF
 TEXAS

NO.
 05-­‐14-­‐00216-­‐CR

 NATHAN
 E
 BURGESS
 VS.
 THE
 STATE
 OF
 TEXAS

 From: Nathan Burgess pilotschoice@hotmail.com
Subject: RE: Transcripts, 001-86625-2012, (002-86625-2012)
Date: November 5, 2015 at 4:56 PM
To: jdugger@co.collin.tx.us

Thank&you,&

If&you&can&make&the&original&and&get&that&to&the&county&court&at&law&clerks&office.&Then&we&can
work&on&the&copies&needed&for&the&court&and&appeal.&

Thank&you

Nathan&Burgess

>&From:&jdugger@co.collin.tx.us
>&To:&pilotschoice@hotmail.com
>&Subject:&RE:&Transcripts,&001I86625I2012,&(002I86625I2012)
>&Date:&Thu,&5&Nov&2015&21:25:58&+0000
>&
>&Mr.&Burgess:&The&hearing&dates&I've&been&able&to&find&where&this&case&was&heard&in&the&296th
District&Court&are&8I19I14,&9I3I14&and&9I18I14.&If&there&are&other&dates,&please&let&me&know.
Thanks.
>&
>&Jan&Dugger
>&Official&Court&Reporter
>&296th&District&Court
>&2100&Bloomdale&Road
>&McKinney,&TX&75071
>&Phone:&(972)&548I4407
>&jdugger@co.collin.tx.us
>&
>&IIIIIOriginal&MessageIIIII
>&From:&Nathan&Burgess&[mailto:pilotschoice@hotmail.com]&
>&Sent:&Thursday,&November&05,&2015&3:20&PM
>&To:&Jan&Dugger
>&Cc:&Nathan&Burgess
>&Subject:&Transcripts,&001I86625I2012,&(002I86625I2012)
>&
>&Janet&Duggar,
>&
>&Good&Day&Ma’am
>&
>&Per&the&JVCC&Compliance&Staff&I’m&wrifng&this&request&to&you&to&politely&request&the&documents
that&you&recorded&in&my&case&in&Collin&County&specifically&the&recusal&of&Judge&Barneh&Walker,
and&any&other&recording&that&you&have&associated&with&my&case,&cited&as&001I86625I2012,&or
002I8625I2012.&Judge&Corrine&Mason&and&Judge&Barneh&Walker.
>&
>&
>&Nathan&Burgess&requests&copies&of&the&transcripts&from&all&hearings&that&you&were&responsible
for&in&his&case&cited&as&STATE&OF&TEXAS&V.&NATHAN&EARL&BURGESS,&CASE&NO.&001I86625I2012,
002I86625I2012.
>&
>&These&items&were&recorded&in&the&296th&District&Court&at&Law&Judge&John&Roach,&the&inifal
record&begins&on&August&15th,&2014.&You&should&have&a&record&of&all&associated&acfvity.&
>&
>&These&items&should&have&all&been&requested&by&the&court&appointed&ahorney&William&Schultz.&
>&
>&Please&provide&the&original&of&the&documents&according&to&law&to&the&Collin&County&At&Law
Clerks&Office,&prior&to&outsourcing&these&to&the&court,&or&myself,&or&Prosecutors&office.&
>&
>&I&was&approved&as&indigent&with&appoint&ahorney&so&this&should&be&without&costs&to&me
personally.&
>&
>&I&am&sure&that&the&Court&of&Appeals&of&Texas&In&Ausfn&Texas&will&also&be&requiring&these
documents&as&well,&so&I&would&appreciate&as&expedifous&service&as&possible.&
>&
>&The&appeal&is&due&November&17th,&2015&or&as&the&court&permits&extension.&
>&
>&Please&advise&as&to&when&you&can&these&documents&available&that&were¬&provided&in&the
Clerks&Record.&Remember,&the&rule&is&that&the&original&must&be&filed&with&the&Clerks&Office&before
otherwise&distribufng.&
>&
>&Thank&you,
>&
>&I&am&sure&you&have&all&the&records&as&to&what&files&need&to&be&provided;&I&am&requesfng&any&and
all&files&related&to&the&case&including&recusals,&Ahorney&Dismissals,&and&subsftufons,&and&Or
withdrawals;&specifically&to&William&Schultz,&I&realize&this&file&may&take&you&a&fme&to&provide,&but
please&advise&as&to&exact&fme&that&I&can&request&extension&of&the&Court&of&Appeals.&If&year¬
responsible&for&a&parfcular&file,&such&that&a&subsftute&reporter&was&providing&service&to&the&court
on&a&parfcular&day,&please&make&myself&and&the&court&aware&of&such&deviafon&of&duty.
>&
>&Thank&you,
>&
>&Nathan&Burgess
>&Appellant&
>&972I971I8361
>&
>&PS&If&any&quesfons&or&if&you&care&to&advise&do¬&hesitate&to&contact&me&via&email&or&phone&as
provided.&Thank&you.
 From: Thomas Mullins tmullins@co.collin.tx.us
Subject: RE: Burgess, 001-86625-2012
Date: November 9, 2015 at 9:51 AM
To: Nathan Burgess pilotschoice@hotmail.com

Please read attached letter to this email.
Thanks,

Thomas Mullins, CSR
County Court At Law No. 1
2100 Bloomdale Road, Suite 20364
McKinney, Texas 75071
(972) 548-3866
tmullins@co.collin.tx.us
-----Original Message-----
From: Nathan Burgess [mailto:pilotschoice@hotmail.com]
Sent: Thursday, November 05, 2015 3:02 PM
To: Thomas Mullins
Subject: Burgess, 001-86625-2012

Thomas Mullins,

Good Day Sir.

Nathan Burgess requests copies of the transcripts from all hearings that you were responsible for in his case cited as STATE OF TEXAS V.
NATHAN EARL BURGESS, CASE NO. 001-86625-2012.

These items should have all been requested by the court appointed attorneys, Dale Rose, Stapleton, Alan Taggart, or William Schultz. I know
you are well familiar with these Court Appointed Attorneys, (Taggart was not qualified as Court appoint attorney).

Please provide these documents to the Colin County At Law Clerks Office in the original form.

I was approved as indigent with appoint attorney so tis should be without costs to me personally.

I am sure that the Court of Appeals of Teas In Austin Texas will also be requiring these documents as well, so I would appreciate as
expeditious service as possible.

The appeal is due November 17th, 2015 or the court permits extension.

Please advise as to when you can these documents available that were not provided in the Clerks Record. I believe the rule is that the original
must be filed with the Clerks Office before otherwise distributing.

Thank you Sir,

I am sure you have all the records as to what files need to be submitted; I am requesting any and al files related to the case including Attorney
Dismissals and substitutions and Or withdrawals; specifically relating to attorneys Rose, Stapleton, and Taggart… I realize this is a huge file
and may take you a time to provide, but please advise as to exact time that I can request extension of the Court of Appeals.

Thank you,

Nathan Burgess
Appellant
972-971-8361

PS If any questions or if you care to advise you can contact me via email or phone as provided. Thank you Sir...

Burgess Response.doc
 Thomas Mullins, CSR
COUNTY COURT AT LAW NO. 1
Collin County Courthouse
2100 Bloomdale Road, Suite 20364
McKinney Texas 75071
(972) 548-3866

Dear Mr. Burgess:

Please address any future correspondence, if any, to work e-mails and phone numbers. In
response to your voice messages and e-mails, please be advised of the following:
1. Pursuant to Tex.R.App.P 34.6(b)(1), the court reporter needs a request in writing and
Designation of Record to prepare the Reporter’s Record; and
2. Pursuant to Tex.R.App.P 35.3(a)(2) and (b)(3), the court reporter must be contacted for
fee arrangements to be made for the preparation of the Reporter’s Record or a
presumption of indigence met under Tex.R.App P 20.2.
Since your appellate record has been completed and under Tex.R.App.P 34.6(b)(1) all hearings
requested have been filed with the Fifth Court of Appeals, there is no pending authorization to
transcribe and/or file either pre or post undesignated hearings upon application made after the
completion of the appellate process. Further, all Affidavits of Payment that were approved by the
County have been fulfilled. There will not be further authorization until there are actionable
proceedings.

In response to your statement that an Original Reporter’s Record should be filed under law with
the clerk, pursuant to Tex.R.App. P 34.5(h), a Certified Copy of the Reporter’s Record must be
filed with the clerk only in 1) criminal cases 2) cases on appeal 3) matching the Reporter’s Record
filed through TAMES as sent to the Court of Appeals. All of the authorized and designated
records that were to be included in your appellate record have been timely filed and are available
for you to check out through the clerk. We are unable to accept a new Designation of Record on
your appeal at this time until there is pending proceedings in a higher court. Your appeal is
currently dispositive in the Fifth Court of Appeals.

Should you need to request Certified Copies of either untranscribed or previously transcribed
Reporter’s Records, you may do so by 1) sending a request in writing describing the dates and
hearings you would like a transcript of 2) and making direct fee arrangements to pay for such
transcripts yourself.

Kindest Regards,

Thomas Mullins, CSR
Official Court Reporter
 From: Nathan Burgess pilotschoice@hotmail.com
Subject: Re: Burgess Transcripts, 001-86625-2012, or 002-86625-2012
Date: November 6, 2015 at 5:57 PM
To: Kristen Kopp kkopp@co.collin.tx.us

Ms Kopp,

Thank you for your response,

I am in communications with the JVCC Compliance Office and am aware of the rules.

Yes, I am still without costs and would be glad to file whatever paperwork you need to get paid by the arresting county.

The case is not in the 5th COA but Court of Appeals of Texas, so yes all transcriptions are necessary on appeal.

I was informed to ask you for the transcripts and to contact the Court if necessary to attain these files for the appeal.

It appears as if you are a lawyer as well as a court reporter.

Please let me know what document you need to provide these documents.

Yes, the rules are clear about criminal trials and case hearings belong in the County Clerks Record, so I am asking you to make the original
copy available to the Clerk immediately or as soon as possible.

Please give me an estimate of the time it can all be provided.

The current date set before the Court of Appeals of Texas id November 17th, 2015l however I will seek an extension of time to file based on
my attorney’s incompetent behavior. He should have known the files were needed but did not do his duty owed to me as a client.

Please let me know what I need to do, what documents you have that have not been transcribed and filed with he clerks record.

I would like everything outstanding transcribed with original to be filed with clerk and additional provided to me for the appeal.

Thank you

Nathan Burgess
972-971-8361

PS I have no other email for you and was given this emil via the JVCC Compliance Office. If you prefer another email, you will need to provide
it. Otherwise I will use the one you have provided with your license to practice as a court reporter.

Also, I am not asking for you to authorize any additional work by you, it isn’t your job to authorize anything, so I am not seeking your
authorization. I will be seeking the Court of Appeals order to do so if necessary.

So if you will just simply make the copies available to the clerks office as requested in the original form according to law I’d appreciate it very
much. Then we can work on getting me a copy to write my appeal due for in 10 days.

Please let me know if you have questions or concerns…

On Nov 6, 2015, at 5:35 PM, Kristen Kopp wrote:

Hello, Mr. Burgess:

Please address any future correspondence, if any, to work e-mails and phone numbers.
In response to your voice messages and e-mails, please be advised of the following:
1. Pursuant to Tex.R.App.P 34.6(b)(1), the court reporter needs a request in writing and Designation of
Record to prepare the Reporter’s Record; and
2. Pursuant to Tex.R.App.P 35.3(a)(2) and (b)(3), the court reporter must be contacted for fee
arrangements to be made for the preparation of the Reporter’s Record or a presumption of indigence
met under Tex.R.App.P 20.2.
Since your appellate record has been completed and under Tex.R.App.P 34.6(b)(1) all hearings requested
have been filed with the Fifth Court of Appeals, there is no pending authorization to transcribe and/or file
either pre or post undesignated hearings upon application made after the completion of the appellate
process. Further, all Affidavits of Payment that were approved by the County have been fulfilled. There will
not be further authorization until there are actionable proceedings.
not be further authorization until there are actionable proceedings.

In response to your statement that an Original Reporter’s Record should be filed under law with the clerk,
pursuant to Tex.R.App.P 34.5(h), a Certified Copy of the Reporter’s Record must be filed with the clerk only
in 1) criminal cases 2) cases on appeal 3) matching the Reporter’s Record filed through TAMES as sent to
the Court of Appeals. All of the authorized and designated records that were to be included in your
appellate record have been timely filed and are available for you to check out through the clerk. We are
unable to accept a new Designation of Record on your appeal at this time until there is pending
proceedings in a higher court. Your appeal is currently dispositive in the Fifth Court of Appeals.

Should you need to request Certified Copies of either untranscribed or previously transcribed Reporter’s
Records, you may do so by 1) sending a request in writing describing the dates and hearings you would like
a transcript of
2) and making direct fee arrangements to pay for such transcripts yourself.

Kindest Regards,
Kristen S. Kopp, RPR, CRR, CSR #8782
Official Court Reporter
County Court at Law No. 2
2100 Bloomdale Road, Suite 10344
McKinney, Texas 75071
972.548.3823

NOTE:&All&email&correspondence&rela4ng&to&pending&cases&will&be&filed&with&the&County&Clerk&for&inclusion&in&the&record&of&the&
case.&Any&communica4on&to&the&Court&or&staff&via&email&must&comply&with&Rules&21&and&21a,&T.R.C.P.&Please&review&the&
provisions&of&Canon&3B(8)&of&the&Code&of&Judicial&Conduct&should&you&need&any&clarifica4on&about&what&cons4tutes&Ex#Parte#
Communica4on&before&any&communica4on&with&the&judge&or&court&personnel.
&
**This&electronic&communica4on&(including&any&aPached&document)&may&contain&privileged&and/or&confiden4al&informa4on.&If&you&are¬&
an&intended&recipient&of&this&communica4on,&please&be&advised&that&any&disclosure,&dissemina4on,&distribu4on,©ing,&or&other&use&of&
this&communica4on&or&any&aPached&document&is&strictly&prohibited.&If&you&have&received&this&communica4on&in&error,&please&no4fy&the&
sender&immediately&by&reply&eSmail&and&promptly&destroy&all&electronic&and&printed&copies&of&this&communica4on&and&any&aPached&
document.
&

&
&
&
From: Kristen Kopp [mailto:kk.reporting@me.com]
Sent: Thursday, November 05, 2015 5:00 PM
To: Kristen Kopp
Subject: Fwd: Burgess Transcripts, 001-86625-2012, or 002-86625-2012

Begin forwarded message:

From: Nathan Burgess
Date: November 5, 2015 at 3:30:12 PM CST
To: kk.reporting@me.com
Subject: Burgess Transcripts, 001-86625-2012, or 002-86625-2012

Kristen Kopp,
Kristen Kopp,

Good Day Ma’am

Per the JVCC Compliance Staff I’m writing this request to you to politely request
the documents that you recorded in my case in Collin County specifically the
recusal of Judge Barnett Walker, and any other recording that you have associated
with my case, cited as 001-86625-2012, or 002-8625-2012. Judge Corrine Mason
and Judge Barnett Walker.

Nathan Burgess requests copies of the transcripts from all hearings that you were
responsible for in his case cited as STATE OF TEXAS V. NATHAN EARL
BURGESS, CASE NO. 001-86625-2012, 002-86625-2012.

These items were recorded during the hearings associated with he cases cited above.
The initial record begins after July 21st, 2014 to present date, November 5th, 2015.
Please provide any court reporters records that you may be in possession of from
the prior hearings associated with this case. You should have a record of all
associated activity. If You do not have possession of the hearings, please advise as
to exactly what transcripts or the stenography that you have in your possession
relating to this case.

These items should have all been requested by the court appointed attorney William
Schultz, or other prior legal representatives such as Attorneys Dale Rose, Jered
Stapleton, or Alan Taggart.

Please provide the original of the documents according to law to the Collin County
At Law Clerks Office, prior to outsourcing these to the court, or myself, or
Prosecutors office.

I was approved as indigent with appoint attorney so this should be without costs to
me personally.

I am sure that the Court of Appeals of Texas In Austin Texas will also be requiring
these documents as well, so I would appreciate as expeditious service as possible.

The appeal is due November 17th, 2015 or as the court permits extension.

Please advise as to when you can these documents available that were not provided
in the Clerks Record. Remember, the rule is that the original must be filed with the
Clerks Office before otherwise distributing.

Thank you,

I am sure you have all the records as to what files need to be provided; I am
requesting any and all files related to the case including recusals, Attorney
Dismissals, and substitutions, and Or withdrawals; specifically to William Schultz, I
realize this file may take you a time to provide, but please advise as to exact time
realize this file may take you a time to provide, but please advise as to exact time
that I can request extension of the Court of Appeals. If year not responsible for a
particular file, such that a substitute reporter was providing service to the court on a
particular day, please make myself and the court aware of such deviation of duty.

Thank you,

Nathan Burgess
Appellant
972-971-8361

PS If any questions or if you care to advise do not hesitate to contact me via email
or phone as provided. Thank you.
 From: Kristen Kopp kkopp@co.collin.tx.us
Subject: FW: Burgess Transcripts, 001-86625-2012, or 002-86625-2012
Date: November 6, 2015 at 5:35 PM
To: pilotschoice@hotmail.com

Hello, Mr. Burgess:

Please address any future correspondence, if any, to work e-mails and phone numbers.
In response to your voice messages and e-mails, please be advised of the following:
1. Pursuant to Tex.R.App.P 34.6(b)(1), the court reporter needs a request in writing and Designation of
Record to prepare the Reporter’s Record; and
2. Pursuant to Tex.R.App.P 35.3(a)(2) and (b)(3), the court reporter must be contacted for fee
arrangements to be made for the preparation of the Reporter’s Record or a presumption of indigence
met under Tex.R.App.P 20.2.
Since your appellate record has been completed and under Tex.R.App.P 34.6(b)(1) all hearings requested
have been filed with the Fifth Court of Appeals, there is no pending authorization to transcribe and/or file
either pre or post undesignated hearings upon application made after the completion of the appellate
process. Further, all Affidavits of Payment that were approved by the County have been fulfilled. There will
not be further authorization until there are actionable proceedings.

In response to your statement that an Original Reporter’s Record should be filed under law with the clerk,
pursuant to Tex.R.App.P 34.5(h), a Certified Copy of the Reporter’s Record must be filed with the clerk only in
1) criminal cases 2) cases on appeal 3) matching the Reporter’s Record filed through TAMES as sent to the
Court of Appeals. All of the authorized and designated records that were to be included in your appellate
record have been timely filed and are available for you to check out through the clerk. We are unable to
accept a new Designation of Record on your appeal at this time until there is pending proceedings in a higher
court. Your appeal is currently dispositive in the Fifth Court of Appeals.

Should you need to request Certified Copies of either untranscribed or previously transcribed Reporter’s
Records, you may do so by 1) sending a request in writing describing the dates and hearings you would like a
transcript of
2) and making direct fee arrangements to pay for such transcripts yourself.

Kindest Regards,
Kristen S. Kopp, RPR, CRR, CSR #8782
Official Court Reporter
County Court at Law No. 2
2100 Bloomdale Road, Suite 10344
McKinney, Texas 75071
972.548.3823

NOTE:&All&email&correspondence&rela4ng&to&pending&cases&will&be&filed&with&the&County&Clerk&for&inclusion&in&the&record&of&the
case.&Any&communica4on&to&the&Court&or&staff&via&email&must&comply&with&Rules&21&and&21a,&T.R.C.P.&Please&review&the&provisions
of&Canon&3B(8)&of&the&Code&of&Judicial&Conduct&should&you&need&any&clarifica4on&about&what&cons4tutes&Ex#Parte#Communica4on
before&any&communica4on&with&the&judge&or&court&personnel.
&
**This&electronic&communica4on&(including&any&aPached&document)&may&contain&privileged&and/or&confiden4al&informa4on.&If&you&are¬
an&intended&recipient&of&this&communica4on,&please&be&advised&that&any&disclosure,&dissemina4on,&distribu4on,©ing,&or&other&use&of&this
communica4on&or&any&aPached&document&is&strictly&prohibited.&If&you&have&received&this&communica4on&in&error,&please&no4fy&the&sender
immediately&by&reply&eSmail&and&promptly&destroy&all&electronic&and&printed&copies&of&this&communica4on&and&any&aPached&document.
&

&
&
&
&
From: Kristen Kopp [mailto:kk.reporting@me.com]
Sent: Thursday, November 05, 2015 5:00 PM
To: Kristen Kopp
Subject: Fwd: Burgess Transcripts, 001-86625-2012, or 002-86625-2012

Begin forwarded message:

From: Nathan Burgess
Date: November 5, 2015 at 3:30:12 PM CST
To: kk.reporting@me.com
Subject: Burgess Transcripts, 001-86625-2012, or 002-86625-2012

Kristen Kopp,

Good Day Ma’am

Per the JVCC Compliance Staff I’m writing this request to you to politely request the
documents that you recorded in my case in Collin County specifically the recusal of
Judge Barnett Walker, and any other recording that you have associated with my
case, cited as 001-86625-2012, or 002-8625-2012. Judge Corrine Mason and Judge
Barnett Walker.

Nathan Burgess requests copies of the transcripts from all hearings that you were
responsible for in his case cited as STATE OF TEXAS V. NATHAN EARL
BURGESS, CASE NO. 001-86625-2012, 002-86625-2012.

These items were recorded during the hearings associated with he cases cited above.
The initial record begins after July 21st, 2014 to present date, November 5th, 2015.
Please provide any court reporters records that you may be in possession of from the
prior hearings associated with this case. You should have a record of all associated
activity. If You do not have possession of the hearings, please advise as to exactly
what transcripts or the stenography that you have in your possession relating to this
case.

These items should have all been requested by the court appointed attorney William
Schultz, or other prior legal representatives such as Attorneys Dale Rose, Jered
Stapleton, or Alan Taggart.

Please provide the original of the documents according to law to the Collin County
At Law Clerks Office, prior to outsourcing these to the court, or myself, or
Prosecutors office.

I was approved as indigent with appoint attorney so this should be without costs to
me personally.
I am sure that the Court of Appeals of Texas In Austin Texas will also be requiring
these documents as well, so I would appreciate as expeditious service as possible.

The appeal is due November 17th, 2015 or as the court permits extension.

Please advise as to when you can these documents available that were not provided in
the Clerks Record. Remember, the rule is that the original must be filed with the
Clerks Office before otherwise distributing.

Thank you,

I am sure you have all the records as to what files need to be provided; I am
requesting any and all files related to the case including recusals, Attorney
Dismissals, and substitutions, and Or withdrawals; specifically to William Schultz, I
realize this file may take you a time to provide, but please advise as to exact time that
I can request extension of the Court of Appeals. If year not responsible for a
particular file, such that a substitute reporter was providing service to the court on a
particular day, please make myself and the court aware of such deviation of duty.

Thank you,

Nathan Burgess
Appellant
972-971-8361

PS If any questions or if you care to advise do not hesitate to contact me via email or
phone as provided. Thank you.
 From: Nathan Burgess pilotschoice@hotmail.com
Subject: Burgess Transcripts, 001-86625-2012, or 002-86625-2012
Date: November 5, 2015 at 3:30 PM
To: KK.REPORTING@ME.COM

Kristen Kopp,

Good Day Ma’am

Per the JVCC Compliance Staff I’m writing this request to you to politely request the documents that you recorded in my case in Collin County
specifically the recusal of Judge Barnett Walker, and any other recording that you have associated with my case, cited as 001-86625-2012, or
002-8625-2012. Judge Corrine Mason and Judge Barnett Walker.

Nathan Burgess requests copies of the transcripts from all hearings that you were responsible for in his case cited as STATE OF TEXAS V.
NATHAN EARL BURGESS, CASE NO. 001-86625-2012, 002-86625-2012.

These items were recorded during the hearings associated with he cases cited above. The initial record begins after July 21st, 2014 to present
date, November 5th, 2015. Please provide any court reporters records that you may be in possession of from the prior hearings associated
with this case. You should have a record of all associated activity. If You do not have possession of the hearings, please advise as to exactly
what transcripts or the stenography that you have in your possession relating to this case.

These items should have all been requested by the court appointed attorney William Schultz, or other prior legal representatives such as
Attorneys Dale Rose, Jered Stapleton, or Alan Taggart.

Please provide the original of the documents according to law to the Collin County At Law Clerks Office, prior to outsourcing these to the court,
or myself, or Prosecutors office.

I was approved as indigent with appoint attorney so this should be without costs to me personally.

I am sure that the Court of Appeals of Texas In Austin Texas will also be requiring these documents as well, so I would appreciate as
expeditious service as possible.

The appeal is due November 17th, 2015 or as the court permits extension.

Please advise as to when you can these documents available that were not provided in the Clerks Record. Remember, the rule is that the
original must be filed with the Clerks Office before otherwise distributing.

Thank you,

I am sure you have all the records as to what files need to be provided; I am requesting any and all files related to the case including recusals,
Attorney Dismissals, and substitutions, and Or withdrawals; specifically to William Schultz, I realize this file may take you a time to provide, but
please advise as to exact time that I can request extension of the Court of Appeals. If year not responsible for a particular file, such that a
substitute reporter was providing service to the court on a particular day, please make myself and the court aware of such deviation of duty.

Thank you,

Nathan Burgess
Appellant
972-971-8361

PS If any questions or if you care to advise do not hesitate to contact me via email or phone as provided. Thank you.
 Prosecutors
 file,
 Conspiracy
 between
 Attorneys
 and
 Prosecutor
 to
 find
 Burgess

Guilty,
 Found
 in
 documents
 sent
 in
 prosecutors
 files
 in
 case

002-­‐86625-­‐2012,

State
 vs
 Nathan
 Earl
 Burgess

 Prosecutors
 file,
 Conspiracy
 between
 Attorneys
 and
 Prosecutor
 to
 find
 Burgess

Guilty,
 Found
 in
 documents
 sent
 in
 prosecutors
 files
 in
 case

002-­‐86625-­‐2012,

State
 vs
 Nathan
 Earl
 Burgess

 From: Nathan Burgess pilotschoice@hotmail.com
Subject: Re: Mandamus for Relief to Texas Court of Appeals
Date: October 23, 2015 at 9:49 AM
To: John Rolater jrolater@co.collin.tx.us
Cc: Bill Schultz wlschultz@gmail.com, Alan taggartlawfirm@yahoo.com

Mr Rolater,

I will make sure the court tis aware of your opposition to the motion for relief.

Nathan Burgess
Appellant
972-971-8361

PS Please advise as to the issues of fraud and forgery of the intake document in the arrest file.

On Oct 23, 2015, at 9:29 AM, John Rolater wrote:

Thank you for the information. However I will not agree to further delay in your PDR because the matters between
you and your former attorneys are not relevant to your PDR.

Sent from my iPhone

On Oct 23, 2015, at 9:00 AM, Nathan Burgess >
wrote:

Mr Rolater,

I am sending you a copy of this file so that you understand my intent to file, for good cause, motion to stay and writ of
mandamus immediately, unless my legal demand for the safe return of my complete case files from my appointed
attorneys is respected upon receipt by them of my demand.

I do want to be clear, Mr. Taggart has forwarded some files after he withdrew from the case, however, he was
ordered to turn over the complete case files to Mr Schultz by Judge Corinne Mason. Mr. Schultz has been requested
repeatedly to turn over the file, which under threat of a lawsuit, he sent a limited file consisting if the court decision to
affirm conviction and a print out of a couple laws on dumping from some website.

I have requested the complete file and have not received but about 20 pages from Mr Schultz, since I do not have a
case file to work from I can not file an appeal timely and have no option but to motion the court for a stay until
mandamus review can be heard and decision made as to the proprietary interest of the files made by the court.

I am sorry for the delay, I hope you will not challenge the stay based on good cause.

Thank you,

Nathan Burgess
Appellant
972-971-8361

Begin forwarded message:

From: Nathan Burgess >
Subject: Mandamus for Relief to Texas Court of Appeals
Date: October 23, 2015 at 8:23:23 AM CDT
To: Alan >, Bill Schultz
>

Dear Sirs, (Attorney’s Taggart and Schultz)

Please contact me immediately before I must file Writ of Mandamus with the Texas Criminal Court of Appeals.
Please contact me immediately before I must file Writ of Mandamus with the Texas Criminal Court of Appeals.

There are many issues when trying to file an appeal such as my case.

It is a very difficult situation to represent yourself in a JP Court of Law; the Texas Court of Criminal Appeals is not a
JP Court.

I am attaching a few screen shots to support my need for Motion to Stay and Mandamus in my case.

I have repeatedly asked Mr Schultz for my case file. I have followed with Mr Taggart asking for the information that
he has forwarded to Mr Schultz under court order.

I have received no, or limited response from you both as pertaining to the work product documents that were used to
represent my case as well as, to appeal the wrongful conviction; therefore I seek Writ protection from my appointed
counselors with cause for not relinquishing my file upon request.

I will give you gentlemen until midnight Oct 23rd, 2015 to respond by making arrangements to turn over my personal
property without retaining a single file in your possession. I am requesting the full and complete file in both of your
possession and ask you to not maintain a single article of the same in your possession and / or control. I am asking
you to cease and desist from communicating further about my case information with any person. I hold you to
confidentiality as Rules of Professional Conduct without limitation. I also hold you both to liability to personal injury
based on your lack of completing this request within the time frame given to reply.

You have both been given a responsibility and I require full cooperation and timely carrying out of your fiduciary
duties owed to me as my appointed attorneys.

I also am requesting both of your complete bar information and certificates and qualifications for representing me as
a court appointed attorney under the Texas Fairness Act. If one or neither of you were not a qualified Court
Appointed Attorney in Collin County to represent me, I am making a demand upon you to disclose such information
and lack of discretion to me upon receipt of this email. Please do so immediately, any withholding of this information
will be considered a breach of your fiduciary duty owed me personally due to your representation in my case, or
cases. I will hold you both legally liable of for any or all damages incurred due to your willful negligence.

I will attach a few cases and rules that control your actions concerning proprietary possession of the files, (they are
mine in their entirety and i am making a demand for their return without limitations upon my sending and you
receiving this email).

[cid:3354D964-EB27-4F0A-9A18-35CFC484A244@attlocal.net]

[cid:BAAFB7F9-50F1-41A8-884B-38649A6FE49B@attlocal.net]

[cid:E2DE9919-23F0-4282-BCB3-BD0250012B5D@attlocal.net]

I believe the I have made myself clear; I want all my files and I need and demand them immediately, without delay
and without limitation. I am not demanding a selective set of documents, but the complete file without review or
limitation. This demand included your notes, any form of media, all documents and files on any form media including,
disc, DVD, Computer, Smartphone, electronic device of any kind, including print, backup memory, email, any
information given third party, even orally must be stipulated and provided so that I am aware of any actions outside
the scope of your representation occurred that might have influenced my case; I want every item of my personal
property from every source that is or has been under your control or personal knowledge concerning my case; that
includes personal communications before the case was transferred or assigned to either of you. Please withhold
nothing as it may be damaging to my case and I will hold you both liable personally or jointly and severally, and or
vicariously.

I simply want what is mine and both of you have my property, I consider it held without consent after demand for its
return. Please do so and I will have no need of mandamus other than to complain to the court for your not returning
my materials and possible complaint to the State Bar.
my materials and possible complaint to the State Bar.

Please follow thru immediately,

Nathan Burgess
Appellant

 From: John Rolater jrolater@co.collin.tx.us
Subject: Re: Mandamus for Relief to Texas Court of Appeals
Date: October 23, 2015 at 9:29 AM
To: Nathan Burgess pilotschoice@hotmail.com
Cc: Bill Schultz wlschultz@gmail.com, Alan taggartlawfirm@yahoo.com

Thank you for the information. However I will not agree to further delay in your PDR because the matters between you and your former
attorneys are not relevant to your PDR.

Sent from my iPhone

On Oct 23, 2015, at 9:00 AM, Nathan Burgess > wrote:

Mr Rolater,

I am sending you a copy of this file so that you understand my intent to file, for good cause, motion to stay and writ of mandamus immediately,
unless my legal demand for the safe return of my complete case files from my appointed attorneys is respected upon receipt by them of my
demand.

I do want to be clear, Mr. Taggart has forwarded some files after he withdrew from the case, however, he was ordered to turn over the
complete case files to Mr Schultz by Judge Corinne Mason. Mr. Schultz has been requested repeatedly to turn over the file, which under threat
of a lawsuit, he sent a limited file consisting if the court decision to affirm conviction and a print out of a couple laws on dumping from some
website.

I have requested the complete file and have not received but about 20 pages from Mr Schultz, since I do not have a case file to work from I
can not file an appeal timely and have no option but to motion the court for a stay until mandamus review can be heard and decision made as
to the proprietary interest of the files made by the court.

I am sorry for the delay, I hope you will not challenge the stay based on good cause.

Thank you,

Nathan Burgess
Appellant
972-971-8361

Begin forwarded message:

From: Nathan Burgess >
Subject: Mandamus for Relief to Texas Court of Appeals
Date: October 23, 2015 at 8:23:23 AM CDT
To: Alan >, Bill Schultz
>

Dear Sirs, (Attorney’s Taggart and Schultz)

Please contact me immediately before I must file Writ of Mandamus with the Texas Criminal Court of Appeals.

There are many issues when trying to file an appeal such as my case.

It is a very difficult situation to represent yourself in a JP Court of Law; the Texas Court of Criminal Appeals is not a JP Court.

I am attaching a few screen shots to support my need for Motion to Stay and Mandamus in my case.

I have repeatedly asked Mr Schultz for my case file. I have followed with Mr Taggart asking for the information that he has forwarded to Mr
Schultz under court order.

I have received no, or limited response from you both as pertaining to the work product documents that were used to represent my case as
well as, to appeal the wrongful conviction; therefore I seek Writ protection from my appointed counselors with cause for not relinquishing my
file upon request.

I will give you gentlemen until midnight Oct 23rd, 2015 to respond by making arrangements to turn over my personal property without retaining
a single file in your possession. I am requesting the full and complete file in both of your possession and ask you to not maintain a single
article of the same in your possession and / or control. I am asking you to cease and desist from communicating further about my case
information with any person. I hold you to confidentiality as Rules of Professional Conduct without limitation. I also hold you both to liability to
personal injury based on your lack of completing this request within the time frame given to reply.

You have both been given a responsibility and I require full cooperation and timely carrying out of your fiduciary duties owed to me as my
appointed attorneys.

I also am requesting both of your complete bar information and certificates and qualifications for representing me as a court appointed
I also am requesting both of your complete bar information and certificates and qualifications for representing me as a court appointed
attorney under the Texas Fairness Act. If one or neither of you were not a qualified Court Appointed Attorney in Collin County to represent me,
I am making a demand upon you to disclose such information and lack of discretion to me upon receipt of this email. Please do so
immediately, any withholding of this information will be considered a breach of your fiduciary duty owed me personally due to your
representation in my case, or cases. I will hold you both legally liable of for any or all damages incurred due to your willful negligence.

I will attach a few cases and rules that control your actions concerning proprietary possession of the files, (they are mine in their entirety and i
am making a demand for their return without limitations upon my sending and you receiving this email).

[cid:3354D964-EB27-4F0A-9A18-35CFC484A244@attlocal.net]

[cid:BAAFB7F9-50F1-41A8-884B-38649A6FE49B@attlocal.net]

[cid:E2DE9919-23F0-4282-BCB3-BD0250012B5D@attlocal.net]

I believe the I have made myself clear; I want all my files and I need and demand them immediately, without delay and without limitation. I am
not demanding a selective set of documents, but the complete file without review or limitation. This demand included your notes, any form of
media, all documents and files on any form media including, disc, DVD, Computer, Smartphone, electronic device of any kind, including print,
backup memory, email, any information given third party, even orally must be stipulated and provided so that I am aware of any actions outside
the scope of your representation occurred that might have influenced my case; I want every item of my personal property from every source
that is or has been under your control or personal knowledge concerning my case; that includes personal communications before the case
was transferred or assigned to either of you. Please withhold nothing as it may be damaging to my case and I will hold you both liable
personally or jointly and severally, and or vicariously.

I simply want what is mine and both of you have my property, I consider it held without consent after demand for its return. Please do so and I
will have no need of mandamus other than to complain to the court for your not returning my materials and possible complaint to the State Bar.

Please follow thru immediately,

Nathan Burgess
Appellant
 From: Nathan Burgess pilotschoice@hotmail.com
Subject: Fwd: Mandamus for Relief to Texas Court of Appeals
Date: October 23, 2015 at 9:00 AM
To: John Rolater jrolater@co.collin.tx.us
Cc: Bill Schultz wlschultz@gmail.com, Alan taggartlawfirm@yahoo.com

Mr Rolater,

I am sending you a copy of this file so that you understand my intent to file, for good cause, motion to
stay and writ of mandamus immediately, unless my legal demand for the safe return of my complete
case files from my appointed attorneys is respected upon receipt by them of my demand.

I do want to be clear, Mr. Taggart has forwarded some files after he withdrew from the case, however,
he was ordered to turn over the complete case files to Mr Schultz by Judge Corinne Mason. Mr.
Schultz has been requested repeatedly to turn over the file, which under threat of a lawsuit, he sent a
limited file consisting if the court decision to affirm conviction and a print out of a couple laws on
dumping from some website.

I have requested the complete file and have not received but about 20 pages from Mr Schultz, since I
do not have a case file to work from I can not file an appeal timely and have no option but to motion
the court for a stay until mandamus review can be heard and decision made as to the proprietary
interest of the files made by the court.

I am sorry for the delay, I hope you will not challenge the stay based on good cause.

Thank you,

Nathan Burgess
Appellant
972-971-8361
Begin forwarded message:

From: Nathan Burgess
Subject: Mandamus for Relief to Texas Court of Appeals
Date: October 23, 2015 at 8:23:23 AM CDT
To: Alan , Bill Schultz

Dear Sirs, (Attorney’s Taggart and Schultz)

Please contact me immediately before I must file Writ of Mandamus with the Texas Criminal Court of Appeals.

There are many issues when trying to file an appeal such as my case.

It is a very difficult situation to represent yourself in a JP Court of Law; the Texas Court of Criminal Appeals is not a JP Court.

I am attaching a few screen shots to support my need for Motion to Stay and Mandamus in my case.

I have repeatedly asked Mr Schultz for my case file. I have followed with Mr Taggart asking for the information that he has forwarded to Mr
Schultz under court order.

I have received no, or limited response from you both as pertaining to the work product documents that were used to represent my case as
well as, to appeal the wrongful conviction; therefore I seek Writ protection from my appointed counselors with cause for not relinquishing my
file upon request.

I will give you gentlemen until midnight Oct 23rd, 2015 to respond by making arrangements to turn over my personal property without
retaining a single file in your possession. I am requesting the full and complete file in both of your possession and ask you to not maintain a
single article of the same in your possession and / or control. I am asking you to cease and desist from communicating further about my
case information with any person. I hold you to confidentiality as Rules of Professional Conduct without limitation. I also hold you both to
liability to personal injury based on your lack of completing this request within the time frame given to reply.

You have both been given a responsibility and I require full cooperation and timely carrying out of your fiduciary duties owed to me as my
appointed attorneys.
appointed attorneys.

I also am requesting both of your complete bar information and certificates and qualifications for representing me as a court appointed
attorney under the Texas Fairness Act. If one or neither of you were not a qualified Court Appointed Attorney in Collin County to represent
me, I am making a demand upon you to disclose such information and lack of discretion to me upon receipt of this email. Please do so
immediately, any withholding of this information will be considered a breach of your fiduciary duty owed me personally due to your
representation in my case, or cases. I will hold you both legally liable of for any or all damages incurred due to your willful negligence.

I will attach a few cases and rules that control your actions concerning proprietary possession of the files, (they are mine in their entirety and
i am making a demand for their return without limitations upon my sending and you receiving this email).
I believe the I have made myself clear; I want all my files and I need and demand them immediately, without delay and without limitation. I
am not demanding a selective set of documents, but the complete file without review or limitation. This demand included your notes, any
form of media, all documents and files on any form media including, disc, DVD, Computer, Smartphone, electronic device of any kind,
including print, backup memory, email, any information given third party, even orally must be stipulated and provided so that I am aware of
any actions outside the scope of your representation occurred that might have influenced my case; I want every item of my personal
property from every source that is or has been under your control or personal knowledge concerning my case; that includes personal
communications before the case was transferred or assigned to either of you. Please withhold nothing as it may be damaging to my case
and I will hold you both liable personally or jointly and severally, and or vicariously.

I simply want what is mine and both of you have my property, I consider it held without consent after demand for its return. Please do so and
I will have no need of mandamus other than to complain to the court for your not returning my materials and possible complaint to the State
Bar.

Please follow thru immediately,

Nathan Burgess
Appellant
 From: Nathan Burgess pilotschoice@hotmail.com
Subject: Mandamus for Relief to Texas Court of Appeals
Date: October 23, 2015 at 8:23 AM
To: Alan taggartlawfirm@yahoo.com, Bill Schultz wlschultz@gmail.com

Dear Sirs, (Attorney’s Taggart and Schultz)

Please contact me immediately before I must file Writ of Mandamus with the Texas Criminal Court of Appeals.

There are many issues when trying to file an appeal such as my case.

It is a very difficult situation to represent yourself in a JP Court of Law; the Texas Court of Criminal Appeals is not a JP Court.

I am attaching a few screen shots to support my need for Motion to Stay and Mandamus in my case.

I have repeatedly asked Mr Schultz for my case file. I have followed with Mr Taggart asking for the information that he has forwarded to Mr
Schultz under court order.

I have received no, or limited response from you both as pertaining to the work product documents that were used to represent my case as
well as, to appeal the wrongful conviction; therefore I seek Writ protection from my appointed counselors with cause for not relinquishing my
file upon request.

I will give you gentlemen until midnight Oct 23rd, 2015 to respond by making arrangements to turn over my personal property without retaining
a single file in your possession. I am requesting the full and complete file in both of your possession and ask you to not maintain a single
article of the same in your possession and / or control. I am asking you to cease and desist from communicating further about my case
information with any person. I hold you to confidentiality as Rules of Professional Conduct without limitation. I also hold you both to liability to
personal injury based on your lack of completing this request within the time frame given to reply.

You have both been given a responsibility and I require full cooperation and timely carrying out of your fiduciary duties owed to me as my
appointed attorneys.

I also am requesting both of your complete bar information and certificates and qualifications for representing me as a court appointed
attorney under the Texas Fairness Act. If one or neither of you were not a qualified Court Appointed Attorney in Collin County to represent me,
I am making a demand upon you to disclose such information and lack of discretion to me upon receipt of this email. Please do so
immediately, any withholding of this information will be considered a breach of your fiduciary duty owed me personally due to your
representation in my case, or cases. I will hold you both legally liable of for any or all damages incurred due to your willful negligence.

I will attach a few cases and rules that control your actions concerning proprietary possession of the files, (they are mine in their entirety and i
am making a demand for their return without limitations upon my sending and you receiving this email).
I believe the I have made myself clear; I want all my files and I need and demand them immediately, without delay and without limitation. I am
not demanding a selective set of documents, but the complete file without review or limitation. This demand included your notes, any form of
media, all documents and files on any form media including, disc, DVD, Computer, Smartphone, electronic device of any kind, including print,
backup memory, email, any information given third party, even orally must be stipulated and provided so that I am aware of any actions outside
the scope of your representation occurred that might have influenced my case; I want every item of my personal property from every source
that is or has been under your control or personal knowledge concerning my case; that includes personal communications before the case
was transferred or assigned to either of you. Please withhold nothing as it may be damaging to my case and I will hold you both liable
personally or jointly and severally, and or vicariously.

I simply want what is mine and both of you have my property, I consider it held without consent after demand for its return. Please do so and I
will have no need of mandamus other than to complain to the court for your not returning my materials and possible complaint to the State Bar.

Please follow thru immediately,

Nathan Burgess
Appellant
 From: John Rolater jrolater@co.collin.tx.us
Subject: RE: Forged Document
Date: October 28, 2015 at 9:48 AM
To: Nathan Burgess pilotschoice@hotmail.com, 2148612364@rcfax.com

I"kept"the"scan"files"I"sent"you."I"have"the"paper"files"that"were"scanned.
"
From: Nathan Burgess [mailto:pilotschoice@hotmail.com]
Sent: Wednesday, October 28, 2015 9:18 AM
To: 2148612364@rcfax.com
Cc: John Rolater
Subject: Forged Document

Mr Rolater,

I am forwarding this document to the Texas Rangers asa I mentioned yesterday. If younwould like
to confirm its authenticity please do so.

Thank you,

Nathan Burgess

cell… 972-971-8361

PS This is the document that was sent from you with the Prosecutors file.
letter to attorney general 11/9/15, 10:26 AM

From: Nathan Burgess
To: Drew Burgess , Nathan Burgess

Subject: letter to attorney general
Date: September 16, 2012 at 1:45:17 PM CDT

Mr Attorney General and Staff,

Please allow me to introduce myself. First of all I am a Christian, saved in
1977 in Ft Worth Texas at Northside Assembly of God Church. The
experience radically changed my life. I immediately stated attending
church as often as the doors were opened. I had realized that I was a
sinner that had not known about the right way to live my life since I did
not understand my need of a savior. I immediately stopped drinking and
running around and started a new life of Christian service. I wish I had
been able to live completely without sin as the bible encourages us to do,
but I did try my best to live to the best possible standards of my church
and the community. I have done my best to live by those standards to
this day, of course, not without personal failures, but it is still the way I
live and have taught my children to live.

Unfortunately, I lost my wife of 20 years in 2000, so I have raised my
three children, Drew, Tiffany and Shaun who range from 23 to 27 years
old, all students and exceptional citizens. I have done my best to teach
them to believe in law and order, however, these current events are
stressing us to the point of doubt as to the accuracy of my teachings; the
police have been abusive and so has the court system.

We are currently in an appeals process for a 24 hour notice to vacate
which is not legal in Texas, but we have been evicted, at least my kids
have from a home in Murphy Texas, yet I was not allowed to participate,
yet publically, I have been trashed for being a squatter, etc, but have not
been allowed to participate in the eviction process, but have also been
accused as having, Naked possession or just plain trespassing. All of the
names are pure fabrications of the truth. My children had a written
contract with the Castle keeper Inc, and I was invited by my son, Shaun,
to stay at the home, and I was at the home from the day of lease until
July 11, when we were all illegally disenfranchised by Judge Payton and
The Collin County Constables office. On the 13th, of July, I was arrested by
Murphy Police, after Officer Hermes, a seargeant with the MPd, under
threat of arrest, ordered me onto the property to remove items which

Page 1 of 4
letter to attorney general 11/9/15, 10:26 AM

partially touched the street or sidewalk. I under duress and the
“Emergency Doctrine” disregarded my own items, immediately followed
orders and rapidly removed the items from the curb and sidewalk, (only
one item was on the sidewalk). I mistakenly believed that a 200 lb, heat
treated, display shelf piece would not break when I pushed it, but it did
indeed break, at a thousand dollar loss to myself. I continued removing
the other items from the area as ordered by hermes. He told me as I was
arrested for breaking the glass, illegal dumping: then proceeded to
intimidate my son, trying to arrest him as well. He charged me with illegal
dumping and disorderly conduct, blocking the street; however it has since
been dismissed and a new charge, (unreasonable noise) has been added.
On Sept 4th, 2012, another charge has been added and sent to the judge
for “PC”, the charge, Criminal Mischievous, for knowingly and intentionally
destroying, “door”. I deny all charges and under duress and unlawful
coercion, my civil rights were violated by hermes, when he forced me
under threat of arrest to return to the property, then did not like my
performance, arrested me. I was told we had 10 minutes to get it done, I
then told the officer to do whatever he wanted with the items, but was
forced to do the work against my will, then arrested. I claim false arrest
and malicious prosecution and ask the attorney general office to
investigate these charges thoroughly, as you do have access to the videos
from April to July 13th, 2012, and all my words can be validated for
accuracy.

I was not allowed to be a defendant; I was not on the property when the
officer told me to move the items; I told the officer to do as he wished
with the items, after he told me a mover was coming in 10 minutes to
remove the items; I was told to go back on the property to remove the
items from sidewalk and street under penalty of arrest if I refused to
comply; then arrested because I ignorantly broke I shelving piece of my
own family possession when I tried to move it incorrectly.

I am currently in an appeals process, which has been going on before any
criminal allegations have been made against me, so therefore the papers
are needed for evidence in the civil suit, not criminal at this time. Also, I
am not violent, never have been, never will be. Lies have been thrown at
me from every direction, and if you find any record of violence from me
from any source please make me aware of it and I will bring this to the
attention of any attorney that may be willing to take my case in the future.
At this point, I have no attorney, have not filed any lawsuits and not made

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letter to attorney general 11/9/15, 10:26 AM

any decisions about lawsuits.

As far as, A “Bomb” comment being made toward the city of “Murphy”; I
have sent that information to the FBI, Texas Rangers, ETC, and asked
them to investigate it. I was innocently speaking of a civil strategy with the
Dallas Morning News reporter, and nothing to do with a device that would
harm anyone at all; pure fabrication and lies, as a matter of fact, no
mention of the city of Murphy had been made at all up until July 13th,
when I was arrested, so therefore, the comment made was well before
that date while we were talking of only civil litigation. The “bomb” in
question, was concerning 12 months of unpaid fees owed to the
defendants by the Plaintiff in the case that could add up to over $400,000
based on his denial of contractual claims in the eviction case. The contract
was for employment, Subcontractor work and no fees have been paid;
salaries, hourly wages etc. So the “bomb” cited by Mr Farley of the DMN,
was purely a “Money Bomb” of counterclaims for the trial against the
defendant. All this was done via text messaging from my phone so it can
all be verified, and undoubtedly proven that these claims of threats against
the City of Murphy or it’s employees are false and malicious and designed
to deceive and to bring unfair advantage to the city’s case by false
representations of the truth.

The preceding information is not the work of a trained, “lying lawyer”, just
a Texas Citizen that you hold the videos and audio to prove my innocence
and the disingenuousness of the murphy Police and their reports that I
was throwing things onto the property from the truck when they arrived
on the scene, which the videos show I was sitting under a shade tree with
my kid and his friends when they arrived 6 vehicle strong, blocking the
road at both ends, driving like crazy persons back and forth in front of the
property, on a quiet residential street, until they stopped and Hermes
started his military type crackdown of a peaceful setting of an evicted
family trying their best under limited resources to remove their items from
the property where the constable’s office and Castle keepers unlawfully
placed all the items and did not place them in a place off of the property
or in a safe storage facility as the writ of possession ordered but left them
scattered on the entire square footage of the front lawn of the home and
the city gave us until a certain time to remove the items which we were
communicating with the City Code department that Had just come by and
said we were doing a good job and they would return with police to work
something out since it looked like we were running out of time. We never
expected such a show of violent force as we received at the hand of

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letter to attorney general 11/9/15, 10:26 AM

hermes and his officers. Strictly unconstitutional all around.

Hermes them proceeded to make treats about terrorism and stalking
charges against my son. Please research this case, it was highly visible in
the media and we were made to be Squatters, but in reality we are still
fighting a 24 hour notice to vacate. The actions of the court and police
department are illegal in our estimations. Please investigate the case and
you will see it is over an illegal notice to vacate and nothing else,
regardless of media attraction and misrepresentations and outright lies.

Sincerely

Nathan Burgess

PS Murphy City attorney’s have been wrongfully involved in this civil case,
gone crazy now, since June 6th, 2012, well before any police or criminal
allegations. She even told the plaintiff attorney, according to statements
made by plaintiff attorney during pretrial, that “you get rid of the younger
Burgess’s and Ill get rid of him, meaning myself”. Where were these kind
of statements reasonable due to the fact we were in court, under an
eviction hearing, and no judgments of any kind had yet been made by the
JP Judge? Not legal procedure, unreasonable and unconstitutional.

Thank you

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