Beattie, James Michael

. ' t' October 14, 2015 Court of criminal Appeals PO Box l230i3 Austin, Texas 78711-2308 RE: Writ ot Mandamus EX P~.il'rE ,JAMES MICHI'.EL BEA'l'TIE T/C No .. 1215016 Dear: Court Clerk,. Ph~ase find ·=nclosed my Application For V.Jr:it of Mandam1.:.s with attached Exhibits to be filed and pres.ented to thj.s C·::>•.li:-t to compel the Harr:is County Distxict Ciherk to fo.r:ward the haDeas ;;or-pus 11.07 file to this Court. I would r-equest notification upon receipt and of any action taken iYt ·c.he Court please. T:'1ank you for y•:mr time and assistance in .thj_8 matter, it is greatly appreciated and welcomed. ~~-8~ James M:i.chael Beattie Pro Se TD•::::J-ID # 1879331 Smith Unit l313 CR 19 Lamesa, 'l'exas 79331 enclos:Jre (s): l cc: file CERTIFIED MAIL NO. 7010 0780 0002 0207 5146 RECEIVED IN COURT OF CRIMINAL APPEALS OCT lg 2015 Abel Acosta, Cle~h ,. IN THE COURT OF CRIMlN.AL APPEAL-s OF TEXAS § EX PARTE NO .• § --·--------·-------- JAMES MICHAEL BEATTIE T/C no. 1215016-A § APPLICATION FOR WRIT OF ~~NDAMUS TO THE HONORABLE COURT OF CRIMINAL APPEALS: COMES NOW I James Michael Beattie, Relator Pro Se, in the above styled numbered cause, and respectfully files and submits this his A~plication For Writ of Mandamus, pursuant to Rule 72 of the Texas Rules of Appellate Procedure, and would show the Court the following in support of mandamus relief. I. RELATOR James.Michael Beattie, TDCJ-ID ~ 1879331, is an offender incarcerated at the Smith Unit of TDCJ and is appearing pro se, who can be located at 1313 CR 19, Lamesa, Texas 79331. Relator has exhausted his remedies and has no other adequate remedy at law. The act sought to be compelled is ministerial, not discretionary in nature. Texas Code of Criminal Procedure, Article 11.07 requires the Respondent to immediately transmit to the Court of Criminal Appeals a copy of the application for writ of habeas corpus, any answers filed, other pleadinqs, and a certificate recitinq the date upon which that finding was made (hereinafter "habeas record"), if the convicting court decides that there are no issues to be resolved or at the conclusion of resolvinq issues. Article 11.07 requires the Respondent to mail or deliver to Relator a copy of any answer, motion, order, or other pleadinq relatinq to an application for writ of habeas corpus filed by the State's attorney or the Court. Texas Rules of Appellate Procedure 73.4 requires additional duties the Respondent must comply with, includinq to immediately transmit to the Court of Criminal Appeals the "habeas record" at the conclusion of the 180-day period of time to resolve desiqnated issues. The 180-day period of time has expired. No copy of the habeas reocrd has been transmitted to the Court of Crimianl Appeals. Nor has there been an extension of time · requested or qranted. Had such documents been transmitted to the Court of Criminal Appeals by Respondent as required by statute, Relator would· have recieved notice from the Court of Criminal Appeals. Further, the Respondent has not mailed or delivered any 1 • copy of the habeas record to the Relator, except for order desiqnatinq issue to be resolved. II. RESPONDENT Respondent Chris Daniels, in his/her capacity as District Clerk of Harris County, Texas has a ministerial duty to recieve and file all papers in a criminal proceeding, and perform all other duties imposed on the clerk by law pursuant to Article 2.21, ~nd is responsible under Article 11.07 and T.R.A.P. 73.4 to perform specific duties relating to an application for writ of habeas corpus. Chris Daniels, District Clerk, Harris County, may be served at his/her place of business at 201 Caroline St., Ste 420, PO Box 4651, Houston, Texas 77210-4651. III. VIOLA'riONS OF, ARTICLE ~·;· 11~07 AND '£.R.A.P. 73.4 The respondent has violated Article 11.07 by failing to immediately transmit a copy of the "habeas record" to the Court of Criminal Appeals within the time prescribed by law and within a reasonable time from the date on which thedocuments were requested to be transmitted. The Respondent violated Article 11.07 by failinq to mail or deliver to Relator a copy of the "habeas record" within a reasonable time from the date on which the Reiator requested the documents to be delivered. 'l'he Respondent has violated Rule 73.4 by failinq to provide a copy and immediately transmit the "habeas corpus" to the Court of Criminal Appeals within the time prescribed by law and within a repsonable time from the date on which the documents were requested to be transmitted. Request for transmittal of the "habeas record", as well as, copy of "habeas record" to be mailed and delivered to Relator, were made by the Relator to Harris County District Clerk Chris Daniels by Certified letters dated September 7, 2015 and October 7, 2015, pursuant to Article 11.07 and Rule 73.4. True and correct copies of the above letters are attached hereto as Exhibits "A" and "B" and are incorporated by reference herein for all purposes. To date Relator has not received no response from Respondent reqardinq Relator's request for transmittal of "habeas record" to the Court of Criminal Appeals or copies to be delivered to Relator. As is clear from Relator's letters, Relator has repeatedly put Respondent on notice that Relator seeks transmittal of "habeas record" to the Court of Criminal Appeals and ... ,.,'•· deliver copies requested to Relator, duties required by law. Relator has qone well ·, :beyond any requirements or obligations imposed upon him by the Code of Criminal Procedure and Rules of Appellate Procedure. In contrast to Relator's efforts, Respondent has. wholly failed to C:omply with the Article 11.07 and Rule 73.4 duties, is acting in bad faith, and has also failed to afford Relator the professional and common courtesy of any written responses to his correspondences and requests. , . \ the duties of the clerk is clearly defined by Article 11.07 and Rule 73.4. The Respondent is in violation of these procedures, ministerial duties and thus the laws of this State. PRAYER. FOR RELIEF WHEREFORE, PPDUSES CONSIDERED, RELATOR JAMES MICHAEL BEATTIE, PRO SE, RESPECTFULLY requests a finding that the Respondent did not transmit documents to the Court of Criminal Appeals and did not deliver documents to Relator within a reasonable time after the date they were requested and that Relator brought this litigation in good faith and has substantially prevailed. Relator prays for an Order directing Respondent to transmit copy of "habeas record" to the Court of· Criminal Appeals and deliver to Relator copies of documents as directed in Article 11.07 and Rule 73.4 and as requested in Relator• s letters (Exhibits "A" and "B"). Respectfully· Submitted, Dated: OC'l':)BER 14, 2015 ~'vhfo~ James Michael Beattie Relator Pro Se TDCJ-ID # 1879331 Smith Unit 1313 CR 19 Lamesa, Texas 79331 I, James Michael Beattie, declare under penalty of perjury, that the foregoing is true and correct, and further certify, that a true and correct copy has been served upon Respondent Chris Daniels, PO Box 4651, Houston, Texas 77210-4651 by placing in the Smith Unit/TDCJ Prison Legal Mail System on this the 14th. day of October , 2015. b::~lqe~ TD~-ID # 1879331 Smith Unit/TDCJ Relator Pro Se 1 . Se~:>tember .7,. 2015i~~: . Harris County:Oistrict_ Clerk 1?0 Box 4651 -~· · .>,c_T, Houston,., '.£ex~:} 7J210:-4651 RE ~ Habeas Corpu~. Applic~tion . ,. E~ I?AR~E Jl~ES MICHAEL BEA~TlE T/C No~ 1215016~~ Dear Di~trict Clerk1.. 'lhi~ letter is a tornlal r~q\,lest for comi;>liance with the duties coi)tained in .Article 11.07 of. the 'l'e~as · Code of.·· Criminal Procedure ana· 'texas Rules of Appellate l?£"ocedur~ 73' ·. . . . '. . .· . . . . . . ' . . as such x:egards to the Application for Writ of Habeas_ Corpus :a:·.eceived· l:.?Y this Ot:l::ice on Ap;il 71 20151 that is before the 35lst Disttict Court for determination a11d ruling •. The .Court on June 1: 2015 designated one (l) ise.ue to be r~soivea. 'While A~t. · 11Qo7 does not provide a statuto:r.y period o:t time to resolve such-issues,.it -should be-noted. -' ' t.he Te:l<.as Rules of Apfiellate Procedure 73 orders the habeas court to_resolve issues within 180~y ):>eriod. This period is to conduct a heaf~ng and issue. . • . ' ' ! . ~ ' a written· Findi~.· of . ~·ac;s and Conclusions of Law, t.hen transmit to the CoUrt of Criminal Appeals after 10-Qay period for objections.· .··. As t9 .the.- above referenced case, the 180-day periOd is about to; expire. ~ therefore request that.. the Court· issue iis Finding of Facts and C~ncl~sions of. ~w within ~he. hext 30 days from,th~ date of this let~er• l further requeab that at co~~iusion ot the'3d~~ peri~d~ the entire hclbeas record, incl~iny Applciation, Memorimdum, Exhi~its, AC!dendUIIt(s), cot·respondences and . any- . answer, motions, pleadings, orders, Finding· :ot >!!'acts and Concl_usion . o:t.Law, and obJections be del'iiered to me at the address below and ~tansmitted to the Clerk of the Court ot Criminal Appeals. Thank you for iOUr time and assistnace in this matte~:, it is greatl)' ap~reciated and welcomed • l a\-Iai t the Court and this Office's actions. ncerely, ~~~;·B.a&- .. , Ja s ~lichael Beattie 1ip£;licant~ l?to Se '''t. 'XDCJ-ID fr.· -1879331· Smith Unit 1313 CR 19' Lamesa, 'l'exas ·79331 cc: file · C£R'rlFIED MAlL NO. 7010. 0780 0002 0200 0423 ' ' ~ . . 'I.· '' October 7, 2015 . ,Hcn:rj,s c~t.y District Clerk ro Box 4651 · ' 1-loustqn, TX 1210-4651 ·. . , m:·:. 1-labeaa· corpus Application~ 2nd Notice EX PAR'l'E JAMEs MICHAEL BEA'l'TiE T./C No. 121~016-A · .. Dear Dist:dct Clerk,· . This letter is a second forrral request for this effice arid· the Court to tal~e action in resolving' ,the issues des:Lgn~ted with regards to 1;he 11.07 Writ of, Habeas Corpus · . ' .....,·.:1 . . ' Application t·eeeiv.ed and filed .in the above referenced case on A:~;~ri1 7; 2.015 • . 'l'he Col.ll:·t: has had ·180 days to resolve the issue designated and issue a Finding of··. Facts and. ConclusioriS ot Law. '!he Court has failed to complete this· task within the· time. pericd. ~llowed, pursuant to Texas Rules of Aj:>J:)ellate Pt·ocedure 7~. · .. ~eretore, .1 request the aat·ris .County District Clerk immeciiately Jterform its duty pursuant. to Sta~ Law. and teansmit.. the ·entire ~habeas recorci to the Court of Crimianl Apjteals and deliver a copy to roe at. the address below. Fai1ur·e by this Office or the Court to ordf7r such· action will. result in pleadings to a·higher Court deemed·necessa1:y to receive p;o~er·and necessary•results and relief in this case. Thank you for you1: time and ~sistance in· this matter, ·it is ~:~r'Pc!lt:ly appreciated and.welcomed~ l awC;lit this Otfice's immediate action. ~~-~~ · James·Michael Beattie· · Applicant Pro Se ·TOCJ-lD .~ 1879331 Smith Unit · · 1313 CR 19· Lalnesa, Texas 79331 cc: file CERTIFIED MAlL.· No. '7008 1140 0004 92.24 0432