WR-83,783-01,02

DOCKET NO. __________ RECEIVED COURT OF CRIMINAL APPEALS IN THE 8/26/2015 ABEL ACOSTA, CLERK COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS

IN RE: THOMAS ALLEN SIMON, Relator

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

TO THE HONORABLE COURT OF CRIMINAL APPEALS: Thomas Allen Simon, 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 notice that complies with due process and without a proper hearing.

3. Relator suggests that this issue is of great importance, not only to him, but to the criminal jurisprudence of Texas. The issue of appointed counsel being removed by the trial court, in light of this Court’s Opinion in Stearns v. Clinton, is unfortunately becoming more and more prevalent in Texas. 780 S.W.2d 216 (Tex.Crim.App. 1989); See, e.g., In re Brandon Jay Carter, Cause No. WR-83,286-01, In The Texas Court of Criminal Appeals.

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/ Tracy D. Cluck _____________________________ Tracy D. Cluck Texas Bar No. 00787254 12600 Hill Country Blvd., Suite R-275 Austin, Texas 78738 Tel: (512) 329-2615 Fax: (512) 329-2604 [email protected] L.T. “Butch” Bradt #02841600 14015 Southwest Freeway, Suite 4 Sugar Land, Texas 77478 (281) 201-0700 Fax: (281) 201-1202 [email protected] Attorneys for Relator, Thomas Allen Simon 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 the following on August 25, 2015 by e-mail: Honorable Evan C. Stubbs 424th Judicial District Court Burnet County Annex North 1701 E. Polk Street, Ste. 74 Burnet, Texas 78611 [email protected] Wiley B. “Sonny” McAfee, Jr., District Attorney Gary Bunyard, Ass’t District Attorney Burnet County Annex North 1701 E. Polk Street, St. 24 Burnet, Texas 78611 [email protected] [email protected] Gary Prust 1607 Nueces St. Austin, Texas 78701 Tel: (512) 469-0092 Fax: (512) 469-9102 [email protected]

/s/ Tracy D. Cluck ____________________ Tracy D. Cluck