WR-83,141-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/16/2015 11:06:22 AM
Accepted 4/16/2015 11:26:19 AM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
IN RE § CASE NO. ______________
RECEIVED
COURT OF CRIMINAL APPEALS
JUSTIN CHISUM § 4/16/2015
ABEL ACOSTA, CLERK
MOTION FOR LEAVE TO FILE EMERGENCY WRIT OF MANDAMUS
Respondent The Honorable William Eichman, II, is the duly elected and
qualified judge of the 364th District Court of Lubbock County, Texas. By virtue of
his office, Respondent has jurisdiction over the instant case in which
Defendant/Relator is seeking relief.
Defendant/Relator seeks relief in the instant case from Respondent’s failure
to perform a ministerial duty, to wit: Respondent has failed to stay proceedings in
Defendant/Relator’s case despite the legislative mandate of article 46B.004(d) of the
Texas Code of Criminal Procedure.
The act or acts Defendant/Relator seeks to compel of Respondent are
ministerial rather than discretionary.
Moreover, Defendant/Relator seeks relief in the instant case from
Respondent’s abuse of discretion, to wit: Respondent has failed to stay proceedings
despite evidence of Defendant/Relator’s incompetency in violation of
Defendant/Relator’s right to due process, right to counsel, and right to defend
himself under the Fifth, Sixth, and Fourteenth Amendments of the United States
Constitution and article I, section 10 of the Texas Constitution.
Defendant/Relator has no other adequate remedy at law to compel Respondent
to grant the above request.
WHEREFORE, PREMISES CONSIDERED Defendant/Relator’s right to
Due Process, as guaranteed by the Fifth and Fourteenth Amendments of the United
States Constitution and article I, section 10 of the Texas Constitution; right to defend
himself guaranteed by the Sixth and Fourteenth Amendments of the United States
Constitution and article I, section 10 of the Texas Constitution; and right to a stay of
proceedings under article 46B.004(d) of the Texas Code of Criminal Procedure, have
been denied and Defendant/Relator is entitled to a writ of mandamus to compel the
Honorable Trial Judge to grand the instant request.
Respectfully submitted,
THE LAW OFFICE OF ALLISON
CLAYTON
P.O. Box 64752
Lubbock, Texas 79464-4752
Tel: (806) 773-6889
Fax: (888) 688-4515
By:_________________________________
Allison Clayton
State Bar Number 24059587
Attorney for Justin Chisum
CERTIFICATE OF SERVICE
I certify that on April 16, 2015, a copy of this brief was served on opposing
counsel, Jeffrey S. Ford of the Lubbock County District Attorney’s Office and on
the trial court, the Honorable William Eichman, II, of the 364th District Court of
Lubbock County, Texas, via electronic mail.
_________________________________
Allison Clayton
Chisum, Justin
Combined Opinion