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RECErVED IN
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COURT OF CRIMINAL APPEALS
JUt 01 2il15
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\·
·' IN 1'HE COURT OF CRUUNAL APPEALS
OF TEXAS
FRANKLIN CARL JONES § RECEIVED IN
Relator § COURT OF CRIMINAL APPEAL
§
vs. § IN RE. 977894
JUL 0 12U15
§
BELINDA J. HILL §
IN HER OFFICIAL CAPACITY §
Respondent § Abe! Acosta, Clerk
RELATOR'S APPLICATION FOR WRI'r OF f1ANDAMUS
TO THE HONORABLE JUDGE OF SAID COURT
COMES NOW, Franklin Carl Jones, Relator, Pro, se1 in the above styled
and numbered cause of action and files his Relator's Application of Writ
of Mandamus, pursuant to Rule 52.08 Section (c) of TRAP, and will show the
Court the following:
I.
RELATOR
1.01 Franklin Carl Jones, TDCJ #1224452 1s an offender incarcerated in
the Texas DeparLment of Criminal Justice and is appearing Pro se, who can be
located at the William G. McConnell Unit, Bee County, Texas 78102.
l. 02· Relator has exhausted his reme.dies and has no other adequately
remedy at law. I f the court determines that ;:Relator is inti tled to relief
it must make an appropriate order. The Court may grant relief without hearing
oral argument.
1. 03 The act soughL.tO be compelled is ministerial, not disc~etionary
in nature. ·rRAP Rule 52.8(c) requires Respondent to immediately transmit to
the Court of 185th a completecopy of his Writ of Habeas Corpus under newly
discover evidence to hold a competency hearing where the State and Court
appointed counsel failed to order a competeucy hearing for the Relator
(Franklin Carl Jones).
\I
·' II.
RESPONDENT
2.01 Respondent Belinda J. Hill, in her capacity as First Assistant
District Attorney(of Harris County, Texas has a ministerial Duty to turnover
The Relator's 11.07 Writ of Habeas Corpus, Memorandum of Law and all his
Exhibits A,B,C to the Court of the 185th District Court according to the State
Bar Artiles of V.T.C.A. ~ov't. Code Title 2,, Subtitle 6, Appendix Article
10, Section 9, Code Professional Responsibility. Disciplinarv RUle 9-102(3)
(4) as applied in Resolution Trust Corp. V.P.C., 128 F.R.D. 647, "underTexas
Law entire Writ of 11.07 Habeas Corpus and all attachment must be forward
to the 185th District Court".
III.
VIOLATION OF STATE BAR ARTICLES OF V.T.C.A. GOV'T CODE TITLE 2
SUBTITLE 6, APPENDIX ARTICLE 10 SEC. 9 CODE PROFESSIONAL RESPONSIBILI'rY
DISCIPLINARY RULE 9-102(3)(4j
3.01 On f\1arch 9, 2015, the Relator accidently filed an ll.U7 Writ of
Habeas Corpus, Memorandum of Law and Exhibits A/B,C to First Assistant
District Attorney Belinda J. Hill, alleging that he was denied a Competency
Hearing under newly discovered evidence. Saia writ and documents was filed
on March 9, 2015, and was recieved by the District Attorney on the 11th or
12th of March 2015. The Relator has requested the Respondent to transmit his
11.07 Writ of Habeas Corpus, Memorandum of Law and all Exhibits to tbe Trial
Court of 185th District:?''~/~
Time:
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Applicant's Motion to Compel!
To The Honorable Judge Susan Br9wn
0~('[, ,,
~ J..,j "'h
Fran]clin Carl Jone;:;, Applicant pro se, moves to this court for~ ( 7 0..
an order
Hill, to
CriminaL
answer filed and a certificate reciting the date upon whi
such finding was mad~. in support thereof Applicant wo~l~·
.~.; ·; ...
the court the following:
: ...•·
1). Applicant filed an application for Writ of Habe~s;Corpus
\
alleging that he was denied . a Competency Hearing und~r pewly
discovered evidence. Said w~ it was filed on March 9.;, 2b{~:r;·,~nd
···: ··'·\;_'· -· ·,
was received the District Attorney on the ll th or l2tt;it-i>.:t·:·~.;:t;rd;h
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2015.
2). In my haste to mail out my 11.07 writ of Habeas Corpus,
I addressed it to the District Attorney instead of teh Clerk
of Courtroom l85th.
3). I know that it is not their job to correct my··erro:L 'but·
I had respectfully asked them to forward my 11.07 writ of Habeas
Corpus to the proper court, which was the l85th District Court
so that the Appeal process may be speeded up instead of delayed.
4). On April 15,2015, approximately (l) month later, Ms. Hill
has failed to respond to my first letter nor ~as she responded
to my certified letter, which was mailed out cOh.:::·M~r·ch. 26,2015.
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5). As of this date, April 15,2015, 30 daysf.·l'a-t'er, Assfstant
District Attorney, Belinda J. HilL has y~::£-.~:·i~ '··~·om~:ly· .. ~:f~h Art.
;.:- . ...
11.07 Sec. 3(c).
~ . j
Wherefore, the Applicant request this Ho'·~,pr.aqle··cJones, Franklin Carl
Combined Opinion