WR-83,512-01,02

NO. __________ IN THE TEXAS COURT OF CRIMINAL APPEALS RECEIVED COURT OF CRIMINAL APPEALS 6/29/2015 AT AUSTIN, TEXAS ABEL ACOSTA, CLERK ___________________________________________________________ IN RE CHAD WAYNE TISDALE ___________________________________________________________ MOTION FOR LEAVE TO FILE ORIGINAL PETITION FOR WRIT OF MANDAMUS OR ORIGINAL PETITION FOR WRIT OF HABEAS CORPUS ___________________________________________________________

TO THE HONORABLE COURT OF CRIMINAL APPEALS: Chad Wayne Tisdale, Relator/Applicant, moves this Court to grant him leave to file his Original Petition for Writ of Mandamus or Original Petition for Writ of Habeas Corpus, and shows: 1. Concomitantly with filing of this Motion, Relator is tendering to the Clerk of the Court his Original Petition for Writ of Mandamus or Original Petition for Writ of Habeas Corpus. That Petition is incorporated into this Motion by reference as though set forth herein verbatim.

2. Relator’ Petition presents an issue that has not heretofore been addressed by this Court in a published opinion, which may be paraphrased as follows: May a trial court decline to address the merits of a post- conviction (misdemeanor) petition for writ of habeas corpus and under what circumstances and using what means will this Court act to compel a trial court to address the merits of a petition for writ of habeas corpus?

3. Relator suggests that this issue is of significance 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 Original Petition for Writ of Mandamus or Original Petition for Writ of Habeas Corpus. Relator prays for general relief.

RESPECTFULLY SUBMITTED, /s/James Kramer JAMES KRAMER East 5th St. #306 Austin, Texas 78701 (512) 297-7211 PHONE (484) 205-5248 FAX [email protected] Texas State Bar No. 24067712 COUNSEL FOR RELATOR/ APPLICANT CERTIFICATE OF SERVICE This motion was served on opposing counsel, Assistant Bastrop County District Attorney Greg Gilleland, 804 Pecan Street, Bastrop, Texas, 78602, by first-class mail and by electronic means on June 26, 2015, and was also mailed to the Bastrop County District Clerk for distribution to Respondent Judges on that date.

/s/James Kramer JAMES KRAMER