WR-83,783-01,02
DOCKET NO. __________
RECEIVED
COURT OF CRIMINAL APPEALS
IN THE 8/26/2015
ABEL ACOSTA, CLERK
COURT OF CRIMINAL APPEALS
AT AUSTIN, TEXAS
IN RE:
THOMAS ALLEN SIMON,
Relator
MOTION FOR LEAVE TO FILE
PETITION FOR WRIT OF MANDAMUS AND
WRIT OF PROHIBITION
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Thomas Allen Simon, Relator, moves this Court to grant him leave to
file his Petition for Writ of Mandamus and Writ of Prohibition, and shows:
1. Concomitantly with filing of this Motion, Relator is tendering to
the Clerk of the Court his Petition for Writ of Mandamus and Writ of
Prohibition. That Petition is incorporated into this Motion, by reference,
for all intents and purposes, as though set forth herein verbatim.
2. Relator represents that his Petition for Writ of Mandamus
1
presents an issue of great importance which may be paraphrased as follows:
may a judge ignore a defendant’s Due Process rights and this Court’s
pronouncements of law by removing appointed counsel on a whim, without
notice that complies with due process and without a proper hearing.
3. Relator suggests that this issue is of great importance, not only
to him, but to the criminal jurisprudence of Texas. The issue of appointed
counsel being removed by the trial court, in light of this Court’s Opinion in
Stearns v. Clinton, is unfortunately becoming more and more prevalent in
Texas. 780 S.W.2d 216 (Tex.Crim.App. 1989); See, e.g., In re Brandon Jay
Carter, Cause No. WR-83,286-01, In The Texas Court of Criminal Appeals.
4. Relator therefore prays that this Honorable Court grant him
leave to file his Petition for Writ of Mandamus and Writ of Prohibition.
Relator prays for general relief.
2
Respectfully submitted,
/s/ Tracy D. Cluck
_____________________________
Tracy D. Cluck
Texas Bar No. 00787254
12600 Hill Country Blvd., Suite R-275
Austin, Texas 78738
Tel: (512) 329-2615
Fax: (512) 329-2604
tracy@tracyclucklawyer.com
L.T. “Butch” Bradt #02841600
14015 Southwest Freeway, Suite 4
Sugar Land, Texas 77478
(281) 201-0700
Fax: (281) 201-1202
ltbradt@flash.net
Attorneys for Relator, Thomas Allen Simon
CERTIFICATE OF SERVICE
I, the undersigned attorney, in accordance with the Rule 9.5, T.R.A.P.,
certify that a true and correct copy of the foregoing Petition was delivered
to the following on August 25, 2015 by e-mail:
Honorable Evan C. Stubbs
424th Judicial District Court
Burnet County Annex North
1701 E. Polk Street, Ste. 74
Burnet, Texas 78611
424distjudge@gmail.com
Wiley B. “Sonny” McAfee, Jr., District Attorney
Gary Bunyard, Ass’t District Attorney
3
Burnet County Annex North
1701 E. Polk Street, St. 24
Burnet, Texas 78611
Wiley1450@yahoo.com
g.bunyard@co.llano.tx.us
Gary Prust
1607 Nueces St.
Austin, Texas 78701
Tel: (512) 469-0092
Fax: (512) 469-9102
gary@prustlaw.com
/s/ Tracy D. Cluck
____________________
Tracy D. Cluck
4