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
NO.
05-‐14-‐00216-‐CR
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
Page 2 of 4
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
Page 3 of 4
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
Page 4 of 4