Michael Anthony Moore#487939 

George w. Beto One Unit 

Southwest Career Institue Certified 

Paralegal Assistance #Z-70-9986-M 

1391 FM 3328 

Tennessee Colony, Texas 75880 

Juhe 1,2015 

Hon. Abel Acosta,Clerk 

Court Of Criminal Appeals 

P.O. Box 12308,Capitol Station, 

Austin, Texas 78711 

RE: THE State ·oF Texas VS. Michael Anthony . Moore 

Cause No. 17.,957-272 

CCA No.WR-20,206-22 

Dear Hon. Abel Acosta,Clerk 

Enclosed Pleade find the Original of Moore Applicant For Writ Of 

Mandamus in the above .Named and numbered Cause. 

I would be Grateful if you would file these doctimentsamong the papers of the 

Cause and bring them to the attention of the Court. 

By copy of this letter,i .an Notifying the Hon.Judge Travis B.Bryan 

Office. I 

Thank You for Your Considerationiin this matter. 

Copy File 

M/A/M/ Very Truly Yours, 

Original Signed by 

Michael Anthony Moore#487939 

("Notice Of Cover Pag one") 

RECEIVED IN 

COURT OF CRIMINAL APPEALS 

JUN 10 2015 

Abel Acosta, Clerk 
Case No. 

IN THE 

COURT OF CRIMINAL APPEALS 

FQR THE STATE OF TEXAS 

AUSTIN, TEXAS 

MICHAEL ANTHONY MOORE,. 

Relator 

vs. 

Hon. Travis B. Bryan,!!! 

JUDGE BRAZOS COUNTY 

272ND DISTRICT COURT 

RESPONDENT 

AND 

JARVIS J. PARSON 

BRAZOS COUNTY DISTRICT ATTORNEY 

RESPONDENT 

AND 

SHARON KELLER 

PRESIDING JUDGE 

COURT OF CRIMINAL APPEALS 

AUSTIN, TEXAS 

AND 

LAWRENC E. MEYERS 

JUDGE 

COURT OF CRIMINAL APPEALS 

AUSTIN, TEXAS 

Original Proceeding From The 272ND Judicial 

District Court Of Brazos County,Texas 

Applicant For Writ Of Habeas Corpus 

Cause No. 17,957-272 

CCA ~o.WR-20,206-22 

Petition For Writ Of Mandamus 

TO THE HONORABLE COURT OF APPEALS: 

Now Comes the Pro se MICHAEL ANTHONY MOORE,by and through and files this 

his Petition For Writ of Mandamus,Pursuant to Tex.R.App.P.52.1: 

STATEMENT OF FACTS 

This cause was heard in the 272nd Judicial District Court Of Brazos County 

Texas Under Trial Court Cause No.l7,957-272,Styled The State Of Texas V.-

Michael Anthony Moore. 

l. 

Relator was Conviction of the offense of Burglary Of a Building (Enhanced) 

and Sentenced to Sixty(60) Yraer in the (then) Texas Department Of Corrections 

Page 1. 
~-

Trial Court 

Relator Moore Next Allege that he have.Fi;Led .the Following Motd:ons On April 

13,2015 With the District Clerk Office of Marc Hamlin; 

1. Mition for Leave. Of Court And 

2. First Motion for Supplemental Application For Writ Of Habeas corpus Under 

Article 11.07 § 4 is limited to instances in Which the initial Applicantion 

raises Claim regerding the validity of the prosection or the Judgment of 

guilt,Pursuant to article 11.07 of Texas Code Of. Criminal Procedure in Trial 

Court cause No.l7,957-272, and CCA No.WJR-20:6-22,and the trial court has 

failed to Rule on the Pending Motions within a reasonable time. 

3. 

Court of Appeals have the Power to compel a trial Court to rule on pending 

Motions. 

In re Ramirez, 994 s.w. 2d 682,684(Tex.App~San Antonio 1998,0rig.Proceeding); 

Before Mandamus may issue to require a trial court to rule on a Motion,the 

Relator. must Establish that. the Court. was asked to perform the act and failed 

or refused to do so within a reasonable time.See Safety-Kleen Corp. V.Garcia, 

945 s.w. 2d 268,269(Tex.App.San Antonio 1997,0rig.Proceeding). 

Relater Moore have called the Motions to the. trial court's Attention and 

Therefore Provided this. Court with Documentation showing what Motions he 

Filedwhen he filed them and have Called the Motions to the trial Court's 

Attention. 

Trial Court has had a reasonable.time within which to rule on Relator Moore 

such pending Motions,but has failed or.refused to do so. 

Therefore,Relator Moore have shown abues of discretion by the trial Court. 

4. 

Relator Moore further allege that a reasonable time has Passed. 

A. Tex.Code of Crim.Proc Art.ll.07 § 4. 

Here Relator has Complied with Art.ll.07 § 4. 

in his Motion For Leave Of court And his First Motion For Supplemental 

Application For Writ Of Habeas Corpus Under Article 11.07 § 4,is limited to 

instances in which the inital Applicantion raises. raises·-claim regerding the 

Validity of the Prosection or the Judgment of guilt,Pursuant to Article 11.07 

Of Texas Code Of Criminal Procedure in triai Court Cause No. 17,957-272 And 

CCA No.WR-20-22,And the Trial Court has failed to Rule on the Pending Motions 

Within a reasonable Time. r 

Page 2. 
Relator Petition Should be grant because he have no adequate remedy to address 

any errors. 

To be entitled to Mandamus Relief in a Criminal case,a relator must show, 

amony other things,that he has no adequate remedy at law redress the alleged 

harm. 

Ex Rel.Young V. Sixth Judicial Dist Court Of appeals at Texarkana, 

236 S.W. 3d 207,20l(Tex.Crim.App.(2007); 

"A Court with Mandamus authority will grant Mandamus relief if relator can 

demonstrate that. the act sought to be compelled is purely Ministerial and 

that relator has no other adequate legal remedy~ In re Piper,l05 S.W. 3d -

107,109(Tex.App.Waco (2003),0rig.Proceeding)(quoting State ex rel.RosenthalV. Poe,98 S.W. 3d l94,197-99(Tex.Crim.App.2003)(0rig.Proceeding)). 

But Consideration of a Motion Property filed and before the Court is Ministerial.State ex rel. 

Hill V. Ct.of Apps.for the 5th Dist,34 s.w. 3d 924,927(Tex.Crim.App.(200l) 

(Orig.Proceeding). 

Mandamus may issue to compel a trial Court to rule on a Motion which has been 

pending before the court for a reasonable period of time. 

See In re Hearm,l37 S.W. 3d 681,685(Tex.App •. -San Antonio (2004,0rig.Proceeding 

In re Keeter,l34 S.W. 3d 250,252-53(Tex.App .. -:Waco(2003,0rig.Proceeding); 

In re Chavez,62 s.w. 3d 225,228(Tex.App.-Amarillo 200l,Orig.Proceeding); 

Barnes V. State,832 S.W. 2d 424,426(Tex.App.-Houston[lst Dist~] 1992,0rig.-

Proceeding);See also In re Shredder Co,225 S.W.3d 676,679 (Tex.App-El Paso2006,0rig.Proceeding) .. To. abtain Mandamus relief for such refusal,a relator 

must establish:(l) The Motion was Properly filed and has been Pending for a 

reasonable time;(2) the relator requested a ruling on .the Motion;and(3) 

The trial court refused to rule.See Hearn,l37 S.W. 3d at 685;Keeter,l34 S.W.-

3d at 252;Chavez,62 S.W. 3d at 228;Barnes,832 S.W. 2d at 426;See also Shredder Co,225 S.W. 3d at 679. I 

In re Sarkissian,243 s.w. 3d 860,86l(Tex.App.-Waco 2008,0rig.Proceeding) 

(emphasis added). 

"A trial judge has a.reasonable time to perform the ministerial duty of 

considering and ruling on a motion properly filed and before the judge. 

Chavez,62 s.w. 3d at 228. 

·Moore bears the burden.of providing this Court with a sufficient record to 

establish his right to mandamus relief. 

See In re Mullins,l0-09-00143-CV,2009 WL 2959716,at *l,n.l(Tex.App.-Waco 

Sept.l6,2009,0rig .Proceeding) (mem.Op.); 

Page 3. 
Blakeney,254 s.w. 3d at 661. 

Points Of Law In General· 

28 U.S.C. § 2254(d) an adjudication Properly on the Merits occure when the 

state court resolves the case on substantive grounds rather than on procedural grounds held Mercadel V. Cani,l79 F.3d 271,273(5th Cir.(l999) Quoting 

Fisher V. Texas,l69 F.3d 295,300(5th Cir.l999) Finding that where a State 

Habeas Court decided the Habeas Applicant Claim on Procedural grounds,there 

has not been an adjuication on the merits Valdez v. Cockrell,274 F. 3d 941 

(5th Cir.2001). 

5th,l4th amend Due Process. 

This Court should Grant Relator's Petition For Writ Of Mandamus For the 

Following reasons: 

1. The trial court failed or refused to rule within a reasonable time on 

the following: 

2. Motion For Leave OF Court And 

3. First Motion For Supplemental Application For Writ OF Habeas Corpus 

Pursuant to Article 11.07 of the Texas Code of Criminal Procedure. 

See Tex.Code Crim.Proc.Ann.Art.ll.07§4. 

However,article 11.07 of the Texas Code of criminal Procedure Provides the 

exclusive remedy for felony post-Conviction relirf in state Court. 

Tex:Code Crim.Proc.Ann.Art.ll.07 § 5; See also Ater V. Eighth Court of Appeals 

802 s.vv. 2d 241,243(Tex.Crim.App.(l991). 

And the purpose of the subsequent bar is to limit a Convicted p::rson to"one, 

bite at the apple'!.Ex Parte Whieside,l2 S.W. 3d 819,82l(Tex.Crim.App.(2000). 

Therefore,Relator have no adequate remedy at law to raise his Claim that 

the trial Court lacked Jurisdiction to anend .the Indictment On July 19,1988. 

Relator Moore shouldnow gain the benefit of raising this issue in this 

Petition For Writ OF Mandamus,b2cause (1) He follow the procedure as set 

out by Article 11.07 of the Texas Code of Criminal Procedure for Filing 

an Application For Writ of Habeas Corpus. 

CONCLUSION AND PRAYER 

The issuance of a mandamus is never a matter of right,but rests in the sound 

discretion ot the sourt. 

Dickens V. Second Court of appeals, 727 S.W.2d 542,549(Tex.Crim.App. (1987) ~ · 

Here,Relator's Petition For Writ Of Mandamus should be Grant because Relator 

have demonstr~te that the trial court erred by not rule on the Pending Motions 

that was file On April 13, 2015. 

Page 4. 
WHEREFORE,PREMISES CONSIDERED, THE Relator's Prays the court Grant Relator's 

Petition For Writ Of Mandamus. 

Respectfully Submitted, 

I 

L\"S\xst.Q 

By: Michael Anthony Moorei487939 

Beto One Uriit 

1391 FM 3328 

Tennessee Colony, Texas 75880 

Page 5. 
certificate of service 

A true copy of the above Relators Petition For Writ Of Mandamus has been 

mailed to Response,The Following .Names and Mailed address: 

1. Hon.Travis B. Bryan,III 

Judge Brazos County 

272ND District Court 

300 East 26th Street,Suite i204, 

Bryan, Texas 77803 

And 

2. JARVIS J. PARSONS 

BRAZOS COUNTY DISTRICT ATTORNEY 

300 East 26th Street,Suite:JI:310 

Brtan, Texas 77803 

And 

3. SHARON KILLER 

PRESIDING JUDGE 

COURT OF CRIMINAL APPEALS 

P .:o. BOX 12308, CAPITOL . STATION) 

Austin, Texas 78711 

And 

4. LAWRENCE E. MEYERS 

JUDGE 

COURT OF CRIMINAL APPEALS 

P.O. BOX 12308,CAPITOL STATION 

Austin, Texas 787ll,on this the 27th day of May,2015. 

By: Michael Anthony Moore:JI:487939 

·Relator's 

'Page 5. 

\ 
'Brazos County 

300 'E. 26'/i St., Suite 216 

'Bryan 'IX 77803 

(979) 361-4240 

(979) 361-0197 fax 

Marc Jfamfin 

'District C{erk 

April 13, 2015 

MOORE, MICHAEL TDCJ# 487939 

GEORGE W. BETO ONE UNIT 

1391 FM 3328 

Tennessee Colony, TX 75880 

Certified Mail Rec # 70133020000123119861 

Re: Cause No. 17957 -272-M 

MOORE, MICHAEL ANTHONY 

DEFENDANT 

Dear Mr. Moore, 

Enclosed herewith is the SUPPLEMENTAL Transcript on Application for 

Writ of Habeas Corpus in the above numbered and styled cause from Brazos 

County, Bryan, Texas. 

Please acknowledge receipt of same on the attached copy of this letter 

and return to this office for our file. 

Sincerely, 

Marc Hamlin/TK -=-='---

MARCHAMLIN 

DISTRICT CLERK 

CC: Doug Howell Ill (Assistant D.A.) Hand Delivered 

Hon. Abel Acosta, Clerk, Court of Criminal Appeals 

Certified Mail Rec# 70133020000123119878 
Cause No. 17,957-272- /U 

3y 

EX PARTE § IN THE DISTRICT COURT 

§ OF BRAZOS COUNTY, TEXAS 

MICHAEL ANTHONY MOORE § 272ND DISTRICT COURT 

Motion For Leave Of Court 

TO THE HONORABLE JUDGE OF SAID COURT: 

Now Comes Applican MICHAEL ANTHONY MOORE by and throuqh his Pro Se 

in the above numbered and entitled cause,and respectfullv makes its Motion For 

Leave Of Court as Follows: 

l. 

Respondent has Custody of Applicant pursuant to ludqment and sentence in 

Cause No. 17,957-272,entitled the State Of Texas VS. Michael Anthony Moore 

Wherein APPlicant was convicted of the offens of Burolarv of a Buildino(2 

enhanced) and sentenced to Sixty(60) Years in the (then)Texas Department 

of Corrections. 

2. 

Applicant Moore request that this court Grant his Motion For Leave of Court 

to Supplimental Writ Of Habeas Corpus file on March 10,2015,with the District Clerk Office. 

3. 

Applicant Moore request that such Motion be heard and ruled upon. 

Respecfully Submitted, 

By; Michael Anthony MooreJi487939 

Beto One Unit 

1391 FM 3328 

Tennessee Colony, Texas 75880 

Page 1. 

Page 1 
Certificate Of service 

I do hereby certify that a true and correct copy of the above and foregoing 

Motion For Leave Of Court was mailed to the Follow: 

1. Douglas Howell.III 

Assistant District Attorney Office 

Brazos County Courthouse 

300 E. 26th Street,Suite#310 

Bryan, Texas 77803 On this the 31 day of March,2015. 

By; Michael Abnthony Moore#487939 

Beto One Unit 

Page 2. 

Page2 
EX PARTE 

MICHAEL ANTHONY MOORE 

Cause No. 17,957-272 ., n/f. 

MA.::;c Htl. 

1ibl.;:<; 

§ 

§ 

IN THE DISTRICT COURT 

OF BRAZOS COUNTY,TEXAS 

272ND DISTRICT COURT 

First Motion For Supplemental Application For ~vrit Of Habeas 

Corpus Pursuant To Article 11.07 of 

Texas Code Of Criminal Pro'cedure 

TO 'l'HE HONORABLE JUDGE OF SAID COURT: 

Now Comes Applicant Michael Anthony Moore by and through his Pro se in the 

above numbered and entitled Cause,and· respectfully makes its First Motion 

For Supplemental Application For Writ Of Habeas Corpus Pursuant To Article 

11.07 of Texas Code Of Criminal Procedure as Follows: 

l. 

Respondent has Custody of Applicant Pursuant to Judgment and sentence 

in Cause No.l7,957-272,entitled the State of Texas VS.Michael Anthony Moore 

Wherein Applicant was Convicted of the offense of Burglary of a Building 

enhanced)and sentenced to Sixty(60) Years in the (then) Texas Department 

of Corrections. 

2. 

On March 10,2015,Applicant Moore filed his Application for Writ of Habeas 

Corpus Pursuant to article 11.07 of the Texas Code of Criminal Procedure 

alleging that the State failed to Amend the Indictment. 

Applicant avers that the State did not file the Mandatory "Motion To Leave" 

to Amend the Indictment in Cause no. 17,957-272,to reflect the charge of 

Aggravated Sexual Assault With a deadly Weapon and the 2nd Charge of Burglary 

of a Building. 

The record is "void" of any Motion To Amend or any Waiver of the Indictment. J:h 

The State "Illegally Amended" the Original Indictment and thus Combined it 

with a document of Information on the same day of Trial,Violating Moore's 

Guaranteed Rights of the U.S. Const,Due Process of law,and against U.S. 

Supreme Court's Precedents.The instct that the court amended the Indictment,it 

lost "Jurisdiction". 

Ex Parte Bain, 121 U.S. 1,7 S.Ct.781,30 L.Ed.849(1887); 

\vard V. State,829 S.W. 2d 787,793(Tex.Crim.App.(l992); 

Page 1. 

Page 3 
3. 

See Tex.Code Crim.Proc.Ann.art.ll.07§4. 

The instant Application does allege that the claims contained therein have 

not been and could not have been presented in an original application or 

that,by a preponderance of the evidence no rational juror could have found 

the applicant guilty beyond a reasonable doubt but for a violation of the 

United States contitution here,Applicat have now Complied with Article 11.07-

§4. 

Ex Parte Evans,964 S.W. 2d 643,647(Tex.Crim.App.(l998); 

4. 

As Applicant Moore has Acknowledged that the granting of his claims would 

result in habeas corpus relief. 

Applicant Moore,seeking habeas corpus cernpelling speedier release and a 

judicial determination that implies the unlawfulness of the state custody. 

5. 

To maintain a habeas copus action a petitioner must exhauat his state court 

remedies by filing a post-Conviction petition for writ of Habeas Corpus 

under Tex.Code Crim.Proc.Ann.art.ll.07(Vernon Supp.(2005). 

Therefore,all of applicant Moore's claims should be granted.In the alternative,this court should grant all claims for habeas relief from the Application Moore claims for relief. 

Pro Se Pleadings are to be reviewed and evaluated by standards less stringent 

than those applied to formal pleadings drafted by lawyers. 

Moore requests that this court rev1ew his First Motion For Supplemental 

Application For Writ Of habeas Corpus Pursuant to Article 11.07 of Texas 

Code of criminal Procedure with patience and liberality to determine the 

Merits of his claims.In Re Marriage of Buster, 115 S.W.3d at page l44(Te.-

App.Texarkana(2003) (the Level of reasonble diligence for prison inmates is 

somewhat lower that for litigants who are free and represented by counsel). 

Page 2. 

Page4 
Application Moore with no tools of any kind for checking the authority of 

government overseers is not just embedded with value,but it is exemplary, 

responding to the highest calling of the legal profession,which is to give 

meaning to the term equal justice under law carved in stone on every courthouse. 

~~EREFORE,premises considered,the Prose prays after notice and hearing the 

First Motion For Supplemental Application for Writ of Habeas Corpus Pursuant 

to Article 11.07 of Texas Code Of Criminal Procedure as requested. 

By: Michael Anthony Moore#487939 

Beto One Unit 

Southwest Career Institue 

Certified Paralegal Asstance~Z-70-998-M1391 FM 3328 

Tennessee Coilony, Texas 75880 

Page 3. 

Page 5 
Certificate of Service 

I do hereby certify that a true and correct copy of the above and foreqoinq 

First Motion For Suoolernenta] Application For- ~'Vrit Of Habeas Corpus Pursuant 

To Article 11.07 of Texas Code of Criminal Procedure was mailed to the Follow: 

1. Douglas Howell,III 

Assistant District Attorney Office 

Brazos County Courthouse 

300 E. 26th Street,Suite~310 

Bryan, Texas 77803 On this the 31 day of March,2015. 

By: Michael Anthony Moore#487939 

Beto One Unit 

Page 4. 

Page 6 
· .. , 

THE STATE OF TEXAS 

COUNTY OF Brazos 

I, Marc Hamlin , Clerk of the 272ND DISTRICT COURT of Brazos 

County, Texas do hereby certify that the documents contained in this 

record to which this certification is attached are all of the documents 

specified by Texas Rule of Appellate Procedure 34.5(a) and all other 

documents timely requested by a party to this proceeding under Texas 

Rule of Appellate Procedure 34.5(b). 

GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office 

in Brazos County, Texas, this the 13th day of April, 2015. 

Page7 

Marc Hamlin, District Clerk 

Brazos County, Bryan Texas 

1:racy 1(niEJiiton 

Deputy Clerk 
WRIT OF HABEAS CORPUS 

CAUSE NO. 17957-272-M 

THE STATE OF TEXAS § 

§ 

§ 

IN THE DISTRICT COURT OF 

vs. 

MICHAEL ANTHONY MOORE 

BRAZOS COUNTY, TEXAS 

272ND DISTRICT COURT 

INDEX 

• MOTION FOR LEAVE OF . ................................................ COURT 

• FIRST MOTION FOR . ................................................ SUPPLEMENTAL 

APPLICATION FOR WRIT 

OF HABEAS CORPUS 

PURSUANT TO ARTICLE 

11.07 OF TEXAS CODE OF 

CRIMINAL PROCEDURE 

• CLERK'S CERTIFICATE . ................................................ 

PAGE 

1-2 

3-6 

7