WR-83,286-01,02

DOCKET NO. __________ IN THE RECEIVED COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS 5/15/2015 AT AUSTIN, TEXAS ABEL ACOSTA, CLERK

IN RE: BRANDON JAY CARTER, Relator

MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS AND WRIT OF PROHIBITION

TO THE HONORABLE COURT OF CRIMINAL APPEALS: Brandon Jay Carter, Relator, moves this Court to grant him leave to file his Petition for Writ of Mandamus and Writ of Prohibition, and shows: 1. Concomitantly with filing of this Motion, Relator is tendering to the Clerk of the Court his Petition for Writ of Mandamus and Writ of Prohibition. That Petition is incorporated into this Motion, by reference, for all intents and purposes, as though set forth herein verbatim.

2. Relator represents that his Petition for Writ of Mandamus presents an issue of great importance which may be paraphrased as follows: may a judge ignore a defendant’s Due Process rights and this Court’s pronouncements of law by removing appointed counsel on a whim, without a hearing.

3. Relator suggests that this issue is of great importance, not only to him, but to the criminal jurisprudence of Texas.

4. Relator therefore prays that this Honorable Court grant him leave to file his Petition for Writ of Mandamus and Writ of Prohibition. Relator prays for general relief.

Respectfully submitted, /s/ D. Chris Hesse David Christopher Hesse S.B.O.T. # 24049081 West 8th Avenue, Suite 301 Amarillo, Texas 79101 Tel: (806) 350-6785 Fax: (806) 350-6786 [email protected] Attorney for Relator, Brandon Jay Carter Of Counsel: L.T. “Butch” Bradt #02841600 14015 Southwest Freeway, Suite 4 Sugar Land, Texas 77478 (281) 201-0700 Fax: (281) 201-1202 [email protected] Michael Mowla #24048680 E. FM 1382 #3-718 Cedar Hill, Texas 75104 (972) 795-2401 Fax: (972) 692-6636 [email protected] CERTIFICATE OF SERVICE I, the undersigned attorney, in accordance with the Rule 9.5, T.R.A.P., certify that a true and correct copy of the foregoing Petition was delivered to: Honorable Thomas R. Culver, III 240TH Judicial District Court Fort Bend County Justice Center 1422 Eugene Heimann Circle Courtroom: Room 3E Richmond, Texas 77469 [email protected] John F. Healey, Jr., District Attorney Gail Kikawa McConnell, Ass’t District Attorney 1422 Eugene Heimann Circle Richmond, TX 77469 [email protected] Harris S. Wood, Jr. North Post Oak Road #425 Houston, Texas 77024 Fax: (281) 579-1586 [email protected] On May 11, 2015.

/s/ D. Chris Hesse D. Chris Hesse