'· Thomas Liberty 915258 Michael Unit 2664 FM 2054 Tennessee colony, TX 75886

September 01, 2015

Abel Acosta, Clerk, Court of Criminal Appe~ls of Texas P.O. Box 12308, Capitol Station Austin, Texas 78711 Re: Application for Writ of Mandamus, Cause Nos 805615-B & 805616-B From the 178th District Court, Harris County, Tx Dear Mr. Acosta: Enclos~d is my application for Writ of Mandamus in the above referenced cause numbers. Please file said applicatiion and return a copy of the filing in the enclosed self addressed stamped envelope.

Thank you for your time and consideration in this matter.

Sincerely,

cc: TDL/Mandamus . . ent contains so!Y'e i hiS docum of poor quah~ ·)!g·~s that are . . ~~tl~e time of imagmg.

\R1ECE~VED ~~ ~l Of C~II\IIIN&i. APPEAlS SEP 08 2015 CAUSE NOs 805615-B & 805616-B THOMAS DOMINIC LIBERTY § IN THE COURT OF CRIMINAL TDCJ-ID #915258 § RELATOR § § v. s~ APPEALS OF TEXAS § CHRIS DANIEL, § TRAVIS COUNTY, TEXAS HARRIS COUNTY DISTRICT CLERK § RESPONDANT § PLAINTIFF'S ORIGINAL APPLICATION FOR WRIT OF MANDAMUS To the Honorable Judge of said Court: Comes Now, Thomas D. Liberty, Relator, pro se in the above styled and numbered causes of action and files this original Application for Writ of Mandamus, pursuant to Article 11.07, Section 3(c) of the Texas Code·of Criminal Procedure, and would show the Court the following:

I A. RELATOR· 1.01 Thomas Liberty, TDCJ-ID #915258, is incarcerated in the Texas Department of Criminal Justice and is appearing pro se, who can be located at the Michael Unit, 2664 FM 2054, Tennessee Colony, Anderson County, Texas 75886.

1.02 Relator has exhausted his remedies and has no other adequate remedy at law; 1.03 The Act sought to be compelled is ministerial, not discre- tionary in nature. T.C.C.P. Art. 11.07, Section 3(c) requires Respondant to immediately transmit to the Court of Criminal Appeals a copy of the Application for Writ of Habeas Corpus, any answers filed, and a certificate reciting the date upon which that finding was made, if the convicting Court decides that there (1) are no issues to be resolved. No copy of the Application for Writ of Habeas Corpus, no answers filed nor a certificate reciting the date upon which that finding was.made have been transmitted to the Court of Criminal Appeals. Had such documents been trans- mitted to (ti11e Court of Criminal Appeals as required by statute, Relator would have received notice from the Court of Criminal Appeals.

II B. RESPONDANT 2.01 Respondant, Chris Daniel, in his capacity as District Clerk for Harris County, Texas has a ministerial duty to receive and file all papers in a criminal proceeding, and perform all other duties imposed on the clerk by law pursuant to T.C.C.P. Art. 2.21, and is responsible under T.C.C.P. 11.07,Section 3(c) to immed- iately transmit to the Court of Criminal Appeals a copy of the Application for Writ of Habeas Corpus, any answers filed, and a certificate reciting the date upon which that finding was made if , s~he convicting Court decides that there are no issues to be I - reso 1 ved. Chris D·aniel, District Clerk, Harris County, Texas may ./

be served at his place of business at 1201 Franklin Street, Houston, Texas 77002.

III C. VIOLATION OF ARTICLE 11.0-1 OF THE TEXAS CODE OF CRIMINAL PROCEDURE 3.01 The Respondant violated Article 11.07, Section 3(c) of the Code of Criminal Procedure by failing to provide a copy of tpe (2) u

Application for Writ of Habeas Corpus, any answers filed, and a certificate reciting the date upon which that finding was made to the Court of Criminal Appeals within time prescribed by law and within a reasonable time from the date on which the documents were requested tci be transmitted.

3.02 Request for the transmittal of the Application for Writ of Habeas Corpus, any answers filed, and a certificate reciting the date upon which that finding was made were made by Relator to Chris Daniel several different times; (see attached copies of letters listed as Exhibits A through D).

3.03 To date, Relator has not received a respon~e from Respondant regarding Relator's request for transmittal of the Application for Writ of Habeas Corpus, any answers filed, and a certificate reciting the date upon which that finding was made to the Court of Criminal Appeals.

3.04 As is clear from Relator's letters, Relator has repeat- edly put Respondant on notice that Relator seeks the transmittal of the Application for Writ of Habeas Corpus, any answers filed,' and a certificate reciting the date upon which that finding was made to the Court of Criminal Appeals. Such records are required by the Court of Criminal Appeals to act on Relator's Writ of Habeas Corpus. Relator has gone well beyond any requirement or obligation imposed on him by the Texas Code of Griminal Prodedure, Article 11.07, Section 3(c). In contrast to Relator's efforts, Respondant has wholly failed to comply with the T.C.C.P. Article 11.07, Section 3(c), is acting in bad faith, and has also failed (3) to afford Relator the professional and common curtesy of any written responses to his correspondence and request.

3.05 Article 11.07, Section 3(c) clearly states that, ''If the convicting Court decides that there are no such issues, the clerk shall immediately transmit to the Court of Criminal Appeals a copy of the Application, any answers filed, and a certificate reciting the date upon which that finding was made. Failure of the Court to act within the allowed 20 days shall constitute such a finding." ( Re$pondant is in violation of Texas Code of Criminal Procedure Article 11.07, Section 3(c), which mandates his ministerial duties and the laws of the State.

PRAYER Wherefore, premises considered, Relator, Thomas Liberty, pro se, respectfully requests a finding that Respondant failed to trans- mit documents to the court of Criminal Appeals within a reasonable time after the date they were requested. Relator brings this lit- igation in good faith. Relator prays for an Order directing Res- pendant to transmit copy of the Application for Writ of Habeas Corpus, any answers filed, and a certificate reciting the date upon which that finding was made to the Court of Criminal Appeals as directed in Article 11.07, Section 3(c) of the Texas Code of Criminal Procedure and as requested in Relator's letters, (Exhibits A through D).

Respectfully,

September 01, 2015 (4) AFFIDAVIT I swear, under penalty of perjury, that the facts and allegations in the Application for Writ of Mandamus are

CERTIFICATE OF SERVICE I hereby certify that a true copy of the above Application for Writ of Mandamus was served on the Clerk of the Court of Criminal Appeals by placing a copy in the U.S. Mail addressed to: Abel Acosta, Clerk, P.O. Box 12308, Capitol Station, Austin, Texas 78711 on this the 1st day of September, 2015.

(5) CAUSE NOs 805615-B & 805616-B THOMAS DOMINIC LIBERTY IN THE COURT OF CRIMINAL RELATOR v. APPEALS OF TEXAS CHRIS DANIEL TRAVIS COUNTY, TEXAS HARRIS COUNTY DISTRICT CLERK RESPOND ANT

ORDER On this day came to be heard the foregoing Relator's Application for Writ of Mandamus and it appears to the Court that the should be: ----------------GRANTED It is therefore ORDERED that the District Clerk shall immediately transmit to the Court of Criminal ·Appeals a copy of the Writ of Habeas Corpus, any answers filed, and a certificate reciting the date upon which that transmittal was made.

Signed on this the _____day of ___________ , 2015

PRESIDING JUDGE i '!

I I August 41,, 2014 I I( EXH I B IT - A ) I Chris D~niel I Harris ~ounty District Clerk /

P.O. Bo~ 4651 Houston,] Texas 77210-4651 I I RE: Application/s for Writ of 1\Habeas Corpus 11.07 I Cause No. 805615-BJJ<l Cause No. 805616-B. !:lear MJ. Daniel: jl I I \have filed, with your office, separate appl1cation/s for a Writ o~ Habeas Corpus in the above Styled and numb~r cause/s of action,\ pursuant to Article 11.073, Texas Code of ~riminal Procedures, on the 116th day of June, 2014. \.

P~rsuant to Article 11.07 Sec. 3(b), the Stat~ is afforded15 days to res~ond •. In this instant issue, the State has timely ,met this requir~ment by filing a ''State's Proposed Findings \of Fact, Conclusions of Law lane! Order" on the 3rd day of July, 2014. · I f1ursuant to Article 11.07 Sec. 3(c) and (d) 1he convicting court ~~s afforded 20 days to designate unresolved l~ssues. In this instant issue the convicting court has failed to m,et _that absolute I I require~ent under this Article. i I , request that you bring this u~gent matter to ± respectfully the att ~ntion of the 178th Judicial District CourtJJudge, Honor-able David M~ndoza, ; or immediately transmit the Writ to the Court of Crimina~ Appeals, along with any records, for thei decision in this instanti issue. Failure to abide by Due Process of Jaw Article 11.07 (b) (c)[ (d), Texas Code of Criminal Procedure will \result in my having Iko file an application for a Writ of mandamJs, I compelling the Clerk o~ the Court to forward the Writ, without de~ay, to the Court of Crim~nal Appeals of Texas. I I sincerely appreciate your valuable time an~ concern. I look ! forward I to your response in the very near future. i I Ii I 'Respectful~d ----- /"';#t1'frl~~ !

Thomas Liber+ / I cc: Fi~e/TDL I Thomas Liberty ( EXHIBIT - B ) 915258 I Michael Unit 2664 FM 2054 Tennessee Colony, TX 75886 September 5, 2014 Chris Daniel Harrisl County District Clerk P.O. Biox a651 Housto!n, texas 77210-4651 'I

Re: Ex Parte Thomas Liberty . ·Trial Court Cause Nos. 805615-B & 805616-B In the 178th District Cotlrt for Harris · County, Texas I I Texas Code of Cetdldanal P~ocedure, Art, 11.073 I Proceedings. · Dear M~.

I Daniel: ~ .

Gr~etings! I am writing in regards to the statlus of my above Ar~. 11.073 writ applications proceedings. My \Artic·le 11.073 wr!i.t applications have been filed, the State's response has been I . . ' I fiiled, as well as my objections to the State s resp'onse have been fi~ed and pending before the Court. · I (1) Fikst, please send me a copy of my Post-Conviction Docket Sheet asl it relates to my above Article 11.073 writ applications I proceedings. -1 - (2) serond, has the trial court habeas Judge ente;ed any orders Designating Issues to be resolved or any Find~ngs of Fact and Co~clusions of Law as it relates to my above ~tticle 11.073 wr~t applications proceedings? If any orders ~ave been issued I \have yet to receive any copies of such, so f any orders have been issued please, pursuant to Article 11.07 Section 7, send mJ a copy of any orders issued in this case. ' I Please respond soonest! Your very kind assistance in regards to tJis matter will be greatly appreciated. _ I - · Sincerely, I I ( EXHIBIT - C ) Thomas Liberty 915258 ; Michael Unit 2664 FM 2054 Tennessee 6olony, TX 75886 May 20, 2015 Chris baniel Harris/ County District Clerk P.O. Bbx 4651 Houstoh, TX 77210-4651 RE: Cause No. 805615-B and 80561J-B 11.073 filed 06/16/14 Dear Ml. Daniel, II would greatly appreciate a status report regarding the above referenced cause nos. before the court. l Thank you for your time and kind consider tion in thmi matter.

~ , ·-~~·.r' ~/ Thomas ·~ .. ' I.

\ ( EXHIBIT - D ) Thomas Liberty 915258 I June\22, 2015 Michael Unit 2664 FM 2054 Tennessee Colony, TX 75886

Cler~ I of Court 178tn District Court 1201 \Franklin Street Houston, TX 77210 RE: Cause Nos. 805615-B; 805616-B I.

Dear Clerk, I am inquiring into the pre~ent status of my application for Wjrit of habeas Corpus Art. 11.073 .. This applJcatio1n was filed on 06/16~14. On 07/03/14/ the State's original answJr requewting that the cburt designate the issue was filed and rece~ved by applicant.

Appli~an t responded to the District Attorney's an\swer with an "OBJECTION" which\was filed on July 18, 2014. Nothing further has been received as I of this date.

I would greatly appreciate your assistance in bringing this matterrI to the attention of the court and inform me, if at all possitlle, of the court's response.

I \ Thank you for your time and kind consideration in this matter.

I \ \ Respectfully, I ~~ ~~ FILED Thomas I Chris Daniel District Clerk cc: Fi /TDL JUN 30 2015 Tima: _ __,_~-:::-:-::-:-;::-::r;::-;:~­ Harrls county, Texas By·------~~~----­ Deputy