•, ...
Johnny Sloan, Jr.
MCCONNELL UNIT-TDCJf01004291
3001 South Emily Drive
Beeville, Texas 78102
March 16, 2015
OFFICE OF THE CLERK
ABEL ACOSTA, Clerk
COURT OF CRIMINAL APPEALS
OF TEXAS
P.O. Box 12308 - Capitol Station
AUSTIN, TEXAS 78711
RE: WR- W00-01283-Q(A)
Dear Clerk:
Enclosed for your filing is Relator's Writ of Mandamus. Please file
said Writ and bring to the attention of the Court for disposition.
Thank you for your assistance in this matter.
Sincerely,
cc: files
~IT NO. WDO-Ol283-Q(A)
'1'0 THE COURT OF CRIMINAL APPEALS
AT AUSTIN, TEXAS
*******************************~
In re
JOHNNY' SLOAN I JR Relator
versus
204TO JUDICIAL DISTRICT COURT Respondent
****************************************************
WRIT OF MANDAMUS
********************************************
RELATOR, PRO SE.
Johnny Sloanj Jr. 101004291
McConnell Unit
3001 South Emily Drive
Beeville, Texas 78102
In propria persona
[ ORAL ARGUMENT NOT REQUESTED
-cover Sheet-
i,
IDENTITIES OF THE PARTIES
JohnnySloan, Jr. .Relator
TDCJi 01004291
McConnell Unit
3001 South Emily Dr.
Beeville, Texas 78102
204TH JUDICIAL DISTRICT COURT Respondent
c/o District Clerk
Frank Crowley Courts Building
133 N. Riverfront LB 12
Dallas, Texas 75207-4313
ii
TABLE OF CONTENTS
IDENTITIES OF PARTIES ii
TABLE OF CONTENTS iii
INDEX OF AUTHORITIES iv
STATEMENT OF THE CASE v
\
STATEMENT OF JURISDICTION vi
ISSUES PRESENTED vii
STATEMENT OF FACTS viii
ARGUMENT 1
PRAYER 2
APPENDIX
iii
INDEX OF AUTHORITIES
CASES PAGE
Safety-Kleen Corp. v. Garcia,
945 S.W.2d. 268 (Tex.App.-San Antonio 1997) .•....•............... 1
In re Marriage of Seal,
83 S.W.3d 870 (Tex.App.-Texarkana 2002) 1
Eli Lilly & Co. v. Marshall,
829 S.W.2d 157, 158 (Tex.Crim.App.l992) 1
Code of Criminal Procedures
Article 11.07, Sec. 3(a)(b)(c)(d) vi
Sec. 8 vi
iv
STATEMENT OF THE CASE
Relator seeks an ORDER TO COMPEL the 204th Judicial District
Court of Dallas County, Texas. To respond to Applicant's Writ
of Habeas Corpus filed August 16, 2013.
v
STATEMENT OF JURISDICTION
The Relator contends that this Honorable Court of Criminal
Appeals has jurisdiction to hear this WRIT OF MANDAMUS according
to Texas Code Of Criminal Procedures, Article 11.07, Sec. 3(a)(b)
(c) (d), to compel the 204th Judicial District Court, to act
in according with Code of Criminal Proc., Sec. 8, Finding of Facts.
See art. 11.07.
And notify said Relator thereof.
vi
ISSUE PRESENTED
1. WHETHER THE TRIAL COURT'S DISCRETION VIOLATES RELATOR'S
DUE PROCESS RIGHTS TO BE HEARD, WHEREAS, THE TRIAL COURT
HAS FAILED TO RESPOND TO RELATOR'S APPLICATION FOR WRIT OF
HABEAS CORPUS, IN THE DICTATE OF ARTICLE 11.07?
(
vii
STATEMENT OF FACTS
On= August 16, 2013, Relator submitted to the 204th Judicial
District Court of Dallas County, Texas, Applicant's Application
for Writ of habeas Corpus, with exhibits.
On August 30, 20i3, the State of Texas filed it's State's
Response to Application for Writ of Habeas Corpus. Recommendirig
the dismissal of Applicant's Applicantion for Writ of Habeas
Corpus and/or make such findings as will see justice done in this
case.
On September 30, 2013, the trial Court issued ORDER DESIG-
NATING ISSUES. At which time the Court appoint Attorney Michael
Mowla, address 603 N. Cedar Rigde Ste.lOO, Duncanville, Texas
75116, to resolve the (i6) u~resolved issues.
On January 6, 2015, Relator submitted letter qf inquiry
to Attorn~y Mowla, and the District Clerk of Dallas County,
requesting a disposition of this cause. Neither Officer of the
Court responded.
On March 16, 2015, Relator submits his Writ of Mandamus
to this Honorable .Court of Criminal Appeals.
viii
ISSUE PRESENTED (restated}
Whether the trial Court's discretion violates Relator's Due
Process Rights to be heard, whereas, the trial Court has
failed to respond to Relator's Application for Writ of
Habeas Corpus, in the dictate of Article 11.07?
ARGUMENTS
Relator brings this Writ of Mandamus to compel the Honorable
204TH JUDICIAL DISTRICT COURT, to set a permanent hearing date,
and issue a ruling on his Writ of Habeas Corpus. Given the length
of time between the filing of the application and the non-action
taken by the trial Court, the 204th Judicial Court is in violation
Relator Due Process Rights to be heard ... Therefore, Mandamus is
an extraordinary remedy, available only when a trial court clearly
abuses its discretion and when there is no adequate remedy on
appeals.
When a document is properly filed and pending before a
trial court, act of giving consideration to and relying upon
that document is ministerial act and Mandamus may issue to compel
Trial Court to act. Safety-Kleen Corp. v. Garci~, 945 s.w.2d .~
268 (Tex.App.-San Antonio 1997};. Eli Li~ly & Co. v. Marshall, 829
S.W.2d 157, 158 (Tex.Crim.App. 1992)(Holding trial court abused
its discretion by refusing to conduct hearing and render decision
on motion). Judges are required to ensure that all cases are
brought to trial or disposition, and trial Court may, on the
Court's own motion and with reasonable notice to the parties set
contested cases for trial. In re Marriage of Seal, 83 S.W.3d
870 (Tex.App.-Texarkana 2002).
1
..., ..
PRAYER
WHEREFORE, Relator pray that this Honotable Court of Criminal
Appeals compel the 204th Judicial District Court of Dallas County,
Texas, to act in according with 11.07, without further d~lay.
Relator respectfully pray this Court grant Relator's Writ of
Mandamus.
Respectfully submitted,
J nny oan, Jr.-Relator
TDCJ-ID#Ol004291
MCCONNELL UNIT
3001 s. Emily Dr.
Beeville, Texas 78102
VERIFICATION
I, Johnny Sloan, Jr., Relator ProSe, do hereby verify and
swear under the penalty of perjury the following are true and
correct to the best of my knowledge. Therefore, Relator is compe-
tent to testify to the matters stated.
Signed on this 16th day of March, 2015.
2
Sloan, Johnny Jr.
Combined Opinion