INMATE'S DECLARATION
, am the applicant I petitioner (cirCle one) and being presently
incarcerated in /.&A/kL Cowiii~Y
' , declare under penalty of perjury that, according to my belief,
the facts stated in the above application are true and correct.
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MOTION FOR LEAVE TO FILE
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
AT AUSTIN, TEXAS
ROBERT LEE SMITH, NOS:961276 & 966324
APPLICANT,
vs.
DISTRICT CLERK, HARRIS
COUNTY I TEXAS
RESPONDENT I
MOTION FOR LEAVE TO FILE
\
APPLICATION FOR MANDAMUS
TO THE COURT OF CRIMINAL APPEALS OF TEXAS:
NOW COMES ROBERT LEE SMITH. aoolicant. complaininq of District Clerk of '
Harris. Countv. Texas Resoondent. and oursuant to Rule 211 of the Texas Rule of
Appellate p~cedure in criminal cas~s moves this court to Grant applicant
leave to file this application for a Writ of Mandamus tendered contemporaneous-
ly with this motion.
Applicant prays that the motion be Granted, the said application for Mandamus
be filed and set down for a hearing, that the relief requested be qranted, and
for other relief, general and special, including a stay of the proceeding
. below until the matters complained of in said application are cured.
Ellis 980
Huntsville,Texas 77343
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above motion for leave to file
for Mandamus was delivered or mailed to Resoondent at Resoondentis
'this,?J aav of 5-eo.f:.e.Pnb£/L
, ,2o1s:
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IN THE COURT
'
OF CRIMINAL .APPEALS OF TEXAS
!
AT AUSTIN,TEXAS
Robert Lee Smith Nos:961276 & 966324
Applicant,
Vs.
District Clerk., Harris
Countv. Texas
Resoondent.
APPLICATION FOR MANDAMUS
TO THE HONORABLE. COURT OF CRIMINAL APPEALS OF TEXAS: '
NCM COMES ROBERT LEE SMITH. APPLICANT.ann asks t.his court to issue a Writ
of Mandamus to the District Clerk, of Harris County, Texas respondent, to
require the respondent describe relief requested and in support of this appli-
cation would show the Court the following; That every since jury trial and
on appeal applicant has been informing the respondent about all records along
with transcripts, to allow applicant his constitutional rights to prepare for
his appeal under the Six Amendment of the United Stat~~-~ns~i-~~.!:~~12..' Due Process
Law and eaual Protection.
I-
FACTUAL BACKGROUND
Applicant was tried for the offense of aqqravated sexual assault <:~·~-~I:!_i_l_?_i!:!_
a case stvled, The State___ ?!__T~x:.::a:.::s_..:..V::::s..:..._....:A:..:.P~::JP~::.:l:..:l::.:.c::;;:a:::n=t' Numbers 961276 & 9.6.6324,
in the 184th. Judicial District Court Of Harris County, Texas. The Indic~-
--- ---·- ------- ---
ment was returned ~~~--24 · day of October, 2003. '!'rial was begun on the
3 day of August,2003, and completed on the 15 day of November,2003. A Jury
·-·---- ----
found applicant guilty and 1assessed punishment at fifty(50)years concurrent
'7•
in the Texas Department Of Corrections (see exibi t 'b' attached hereto.) Notice of
Appeal was timely filed on the 28 day of November 2005. ('see lm' all exibits
attached hereto) Aplicant filed defendant(applellant's request for a transcrip-
tion of the Reoorter's ·Notes(see exibits A-B-D-E-F attached hereto). The onlv
respondent response was held about request·on Feburary 28,2008,(see exibit
C attached hereto). Subsequently, the court reporter has refused to prepare the
transcript, contending that. the applicant was · not indigent. (see exibits
~~~· attached hereto) Applicant subseqvently requested the trial court to enfo-
(l).
rce his order(see exibit E.F.attached hereto). But the trial court has refused
to do so.
II.
REQUEST FOR RELIEF
Applicant requests in this application that this court~·direct respondent to
order the court reporter to prepare copy of the trial proceedings below without
charge to applicant, as required by law.
III.
JURISDICTION
This court has iurisdiction to consider this aoolication oursuant to art-5,5
of the Texas Constitution and article 4.04 Of Criminal Procedure.
IV.
AUTHORITIES AND ARGUMENT
Applicant contends that he is indegent without funds, property or securities
in which to pay for trial court records, Therefore, the documents and records
should be afforded at no cost to defendant in order that he mav construct an
Aooeal. and. suooort of the foreaoina defendant cites the followina cases~
ECKRIDGE V. WASHINcm::>N. 357 U.S.214. 7R S.GT. 1067(1959). SMITH V. RF.NNETT.365
U.S. 477 ,83'-:.S.CT. (1963): ORAPER V. WASHINGTON, 372 U.S.487. S.CT. 774ll963l:
GRIFFIN V. ILLINOIS, 35 U.S. 2. 76 S.CT.5R5(1956): LONG V. DISTRICT muRT OF
I~A, 385 U.S. 92, 87 S.CT.362Cl966): WILLIAMS V. OKI.AHOMA.::\Q'l TT.S. 458,89 S.CT.
1818(1969): GARDNER. V. CALIFORNIA. ::\91 TLS 370~89 S CT.582(1969):NEVER V.CHICAGO,
404 U.S.189,92 S.CT.30(197ll:CURRY V-STATE 488 S.W.2d 606 Tex.CR.APP.(l973):
U.S.V. DAVIDSON,483 F.SUPP.l253(1977): EX PARTE MAYS,510 S.W.2d 606(TEX.CR.APP.-
1975): CAR'l'UERIGHT V. STATE,527 S.W.2d 535 CTF.X-CR APP.l975}:COVILLOR V.STATE,
577 S.W.2d 118. 120-128(TEX.CR.APP.l977}: ABNOR V. STATE.712 S.W.2d l3HTEX.-
rn.APP.l986).
(2)
·,
:V.
CONCLUSION
(1) Aoolicant has no other leaal remeov available to him other than this aooli-
cation for mandamus
(2) This action sought is, order the facts of this case, is essence, a mere
ministerial act which respondent has a legal duty to perform.
(3} Aoolicant has orooerlv requested respondent to perform which respJndent
has refused.
COPIES OF EXHIBITS SHOULD BE CERTIFIED COPIES
ATTACH AFFIDAVIT OF WITNESS TO FACT:
WHEREFORE,PREMISES CONSIDERED. applicant prays that this application be Granted
and that respondent be ordered continue with relief requested.
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Respectfullv 7~'>
Robert Lee Smith {pro se)
Ellis Unit/1697 FM 980
Huntsville,Texas 77343
( 1).
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AFFIDAVIT
STATE OF TEXAS·
COUNTY OF WALKER
BEFORE ME. the undersigned authority, on this date personally
appeared applicant who upon being duly sworn did depose and
state;
My name is Robert Lee Smith and I am the relator in the
above cause. I have read the above application for Mandamus
and state that the- factual allegations
and correct.
SUBSCRIBED AND SWORN TO BEFORE ME.the undersigned authority,
by the said applicant on this the]/ day of Jee/eJ?16.Etf. 2015,
to certify which witness my hand and seal of office.
N9TARX ~UBLIC IN AND FOR
~~~tv.P~ ,COUNTY,TEXAS~
CERTIFICATR :oF SERVICE
I herebv c~rtffv that a coov of the above Aonli~Rtion for
Mandamus was delivered or mailed
address on this ~) day of_5_·~~-=~l:..¥~~
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EXHIBIT-A)
EXHIBIT-Al
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November 2812007;
CAUSE NOS:#961276 & 966324 L Smith, Robert Lee
Combined Opinion