October 1 5, 201 5

Vivian Long, Court Clerk Seventh Court of Appeals ~ ~ l tE5 IT\\ ~ 23 201 RE : ReP 1 Y to State ' s Re s p on s e o f Man dam us petit · 0 n OCT C0 A Ca s e No : 0 7 -1 5 - 0 0 1 3 9 - CR a n d 0 7 -1 5 - 0 0 2 9 3 -s~~NTH COURT OF f:KEALS T r . Ct . Ca s e No : D-1 - DC-1 2 - 9 0 4 0 5 6 VIVIAN LONG, Ct.

Ms. Long and staff,

Enclosed is my reply to the State's response of my mandamus

petition, and its supporting documents. Please file these docum-

ents, bring it to the attention of the Court, and set this cause

of action before the presiding judge(s) for ruling.

Upon filing, plsase provide me a date-stamped copy. Thank

You for your assistance and prompt response to this important matter.

Respgctfully,

~~ Donald Aekins, pro se #1820499 Connally Unit 899 FM 632 Kenedy, Texas 7 811 9

cc: file, Travis Cnty Dist Atty Enclosures *Special Note - the only copy of Exhibit 1 was sent with the 7th C.O.A. package. COA CASE NO. 07-15-00293-CR IE ~ [L LE rRl IN THE

COURT OF APPEALS tr OCT 23 2015 ~ SEVENTH COURT Of APPEt'ILS VIVIAN LONG, CLERK SEVENTH DISTRICT OF TEXAS

AMARILLO, TEXAS

IN RE § § DONALD AEKINS § RELATOR

REPLY TO STATE'S RESPONSE OF RELATOR'S PETITION FOR WRIT OF MANDAMUS

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Donald Aekins, relator pro se and files his reply

to the State's response to his petition for writ of mandamus, in

accordance with Tex.R.App.P. 52.5.

The State submitted their response on August 17, 2015.

Aekins was never provided a copy of their response until October

15, 2015; courtesy of the Seventh Court of Appeals.

1. On July 22, 2015, Aekins filed a petition for writ of man-

damus seeking relief against Judge Brenda Kennedy of the 403rd

District Court for, failure to rule or set for hearing Aekins'

pending motions: a) Motion to Supplement Appellant Record b) Motion for Free Appellate Record; and c) Motion for Appointment of Counsel on Appeal.

2. The Court requested the State include whether the Court has

jurisdiction to address Aekins' mandamus petition. Within this

argument, Aekins contends that: a) due to the trial court's failure to rule on these motions; b) the dependency of his DNA appeal on these motions; and c) the fact that theA Texas Supreme Court has already assign- ed the Court to th~DN~ppeal, Aekins accordingly filed this mandamus petition ~ith the Court.

Page 1 of 3 3. The State alleges that, Aekins has not filed with the petition

a certificate or sworn documents material to his claim for relief.

Whereinfact, Aekins will show that a "Certificate of Service" in

accords with Tex.R.App.P. 9.5(d),(e), an "Inmate Unsworn Declar-

ation" in accords with Tex.Civil Practices & Remedies Code 132.001 - 132.003, and a cover-letter requesting a ruling were filed with

each motion. See (mandamus appendices - 1 (b), 2(b), 3(b)); (Clerk 1 s

and Appellate Record). Thus, Aekins did fulfill the requirements

of Tex.R.App.P. 52.7(a)(1) which state in part; "Relator must file

with the petition a certified or sworn copy of every document . . . ".

Aekins certificates accompanying his motions and petition are much

the same as the "Certificates of Service'' the State used in its

Response; which also is without a "Sworn Declaration".

4. The State also claims that, Aekins failed to show that he made

a demand for performance and that the trial court refused such a

request. Aekins has met these prerequisites of entitlement.

See (mandamus petition, pg 4-6); see In re Aekins (COA No. 03-15-

00004-CV, Opinion pg 3); see also (Exhibit 1 - letter requesting

ruling); In Aranda v Dist Clerk the Court held, "Failure to rule

is refusal.". Id 207 SW3d 785 (TxCrApp).

*Special Note - Aekins can not be faulted for the Travis County

District Clerk's failure to provide him with a date-stamped copy

of the filed documents; as requested in each action's cover-letter.

SUBMITTED and SUBSCRIBED on this the u;1h day of October 2015.

Respectfully submitted

C@~.~ Page 2 of 3 DECLARATION "I, Donald Aekins, TDCJ #1820499, presently incarcerated in the Texas Department of Criminal Justice Correctional Inst- itutions Division at the Connally Unit in Karnes County, Texas, declare under penalty of perjury under Chapter 132 of the Texas Civil Practices and Remedies Code and 28 U.S.C. § 1746, that the facts stated in this Reply to State's Response are true and correct and that I placed this document in the prison mailbox on this date." 11 Executed on this the ~day of 2 01 5. II

C£l~o.~~1:.tv Donald Aekins -# 1820499

CERTIFICATE OF SERVICE

I certify that on this the \..~day of e-~t.RJ\... 2 01 5 , I

served the following parties with a true and correct copy of this

Reply to state's Response by U.S. Mail through the prison mailbox

in a postage paid package to the addresses written below:

Seventh Court of Appeals P.O. Box 9540 Amarillo, Texas 79105-9540 Attn: Vivian Long, Court Clerk

Travis County District Attorney P.O. Box 1748 Austin, Texas 78767 Attn: Rosa Theofanis, Asst. Dist. Atty.

Cf0enoDcl ~m>v Donald Aekins ~0499

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