Court of Criminal Appeals 

PO Box 12308 

Austin, Texas 78711-2308 

RE: APPLICATION FOR WRI'l' OF MANDAMUS 

EX PARTE JOSE RAUL GRANADOS 

T/C NO. 12-09-02-8-CRA 

WRIT NO. TBA 

Dear Court Clerk, 

September 1, 2015 

RECE iN ~TOFCRIMlNAt APPEALS 

· SEP o 4. 2015 

Please find enclosed my Application for Writ of [v'landarnus to be filed and presented 

to the Honorable Court in the above styled cause for consideration and ruling. 

Please note on this date, a true and correct copy has been served upon the 

Atascosa County District Clerk, the Respondent in this matter. 

I would request to be notified of any decision or Order issued by the Court,' 

in this matter please. 

Thank you for your time and assistance in this matter, it is greatly appreciated 

and welcomed. I await the Court's action in this matter. 

enclosure(s): 1 (3 pgs) 

cc: file 

Atascosa County District Clerk 

Sincerely, . 

)(trr 

Jo e Raul Granados 

Relator Pro Se 

TDCJ-ID # 1876161 

Smith Unit 

1313 CR 19 

Lamesa, Texas 79331 

9- I-!) 
'. 

EX PARTE 

JOSE RAUL GRANADOS 

IN THE 

COURT OF CRIMINAL APPEALS 

OF TEXAS 

§ 

§ 

§ 

NO. 

RECE~VED~~ COUR"f OF CR\M\NI\l fll~EAlS 

_____ . ________________ SEE_ o :i 2015 

APPLICATION FOR WRIT OF. MANDAMUS 

TO. THE HONORABLE COURT OF CRIMINAL APPEALS: 

COi"iES .NOW, Jose Raul Granados, Relator Pro Se, in the above styled cause, and 

respectfully files and submits this his Applicatio for Writ of Mandamus, pursuant to 

Texas Rules of Appellate Procedure, and would show the following in support of 

issuance of mandamus. 

I. 

A. . RELA'IOR 

Jose Raul Granados, TDCJ-ID # 1876161, is an offender incarcerated in the Texas 

Department of Criminal Justice and is appearing pro se, who can be located at Smith 

Unit, 1313 CR 19, Lamesa, Dawson County, Texas 79331. 

Relator has exhausted his remedies and has no other:· adequate remedy at law. 

The act sought is ministerial, not discretionary in nature. The Texas Code of 

Criminal Procedure, Article 11.07 § 3(c) requires Respondent to immediately transmit to 

the Court of Criminal Appeals a copy of the application for writ of habeas corpus, any 

.answers tHed, and a certificate reciting the date upon which that finding was made, 

1.f the convicting court decides that there areno issues to be resolved. 

Texas Rules of Appellate Procedure 73, provides further:· that if the court has 

found unresolved issues within the 20 days to act under Article 11.07, a copy of said 

Order Designating Issues is to be mailed to the Court of Criminal Appeals and Applicant. 

The court would havel45 days: to resolve the designated issues before the District 

Clerk is to immediately forward the entire habeas record to the Court of Criminal 

Appeals. 

To date, there has been no copy of an Order designating issues, whd!ch is past t.he 

statutory limitation period for such finding. Nor has a copy of the habeas reocrd been 

transmitted to the Court of Criminal Appeals at the conclusion of the 35-day period, 

since the court has not designated any issues to be resolved. Had such documents been 

transmitted to the Court of Criminal Appeals by Respondent as required by statute, 

Relator would have recieved notice from the Court of Criminal Appeals. 

B. RE$PONDENT 
Relator Margaret Littletoni in her capacity as the District Clerk of Atascosa 

Conty, 'i'exas has a ministerial duty to. receive and fi:).e all. papers in a criminal 

proceeding, and perform all other duties imposed on the clerk by-law pursuant to Tex. 

c. Crim. Proc. Art. ·2.21, and is responsible under Article ll-07 § 3(c) and Tex. R. App. 

Proc. 73 to immediately transmit to the Court of Criminal Appeals a copy of the habeas 

record ·when the convicting court decides if there are or are not any issues to be 

I 

resolved. Margaret Littleton, District Clerk, Atascosa County.maybe served at her place 

of business at l Courthouse Circle Drive, Ste 4-B, Jourdonton, Texas 78026. 

III. 

C. VIOLATIONS OF ARTICLE 11.07 O:E' TEX.C.CRIM.PROC. AND TEX.R.APP .PROC. 73 

The Respondent violated Art~cle 11.07 § 3(c) of the Texas Code of Criminal Procedure 

by failing to provide a copy of the habeas record to the Court ot Criminal Appeals 

within the time prescribed by law and within a reasonable time from the date on which 

the documents were requested. Article ll.07§3(c) provides that immediately after the 

35-day limitation fJeriod expires and the habeas court has not designated any issues to 

be resolved, the Respondent is to forward the habeas record to the Court of Criminal 

·Appeals. 

Texas Rules of Appellate Procedure 73 requires that if the habeas court has 

designated issues to be resolved the Respondent is to immedia,tely transmit a copy of 

the Order Designating Issues to the Court of Criminal Appeals and Relator. The Respondent 

has failed to comply with Rule 73~ 

The Relator has requested the Respondent to transmit the habeas file to the Court 

of Criminal Appeals, but to date has failed to do such. Nor has the Relator forwarded 

any Order to the Court of Criminal Appeals or the Relator. 

The Relator has repeatedly put Respondent on notice that Relatorseeks the 

transmittal of habeas record to the Court of Criminal Appeals and that such records are 

required by the Court of Criminal.Apepals to act on Relator 1 s writ of habeas corpus. 

Relator has gone well beyond any requirements or obligations imposed upon him by •rexas 

Statutes. ln contrast to Relator 1 s efforts, Respondent has wholly failed to comply 

with the Texas Code of Criminal Procedure and Texas Rules of Appellate Procedure, is 

acting in bad faith, and has also failed to afford Relator the professional· and common 

co'-:'-rtesy of any written response to his requests. 

~he Statutes are clear. _The Respondent is in violation of this procedure, ministerial 

duties, and thus the laws of this State. 
IV 

PRAYER FOR RELIEF 

WHEREFORE, PREMISES CONSIDERED~ Relator Jose Raul Granados, pro se, respectfully 

request a finding that the Respondent did_ not transmit documents to the Court of 

Criminal Appeals within a reasonable time after the.date they were statutorily required 

and requested to be transmitted; that Relator.brought this litigation in good faith and 

has substantially prevailed. Relator prays for an Order directing the Respondent to 

transmit copy of habeas record to the Court of Criminal Appeals as directed by Article 

11.07 § 3 (c) and Rule 7 3, in ·the interest of justice. 

Respectfully Submitted 

DATED: September 2, 2015 

v DvY--f.~Ct-1-lf; J~~e Raul Granados . . 

Relator Pro Se 

TDCJ-ID:!f l876i6l 

Smith Unit 

1313 CR 19 

Lamesa, Texas 79331 

I, Jose Raul Granados, declare under penalty of perjury, that t~e foregoing 

true and correct, and further, certify that a true and correct copy was served upon 

Margaret Littleton, Atascosa County District Clerk, l Courthouse CircleDr~, Suite 4-B, 

Jourdanton, Texas 78026, by placing· in the Smith Unit/TDCJ ·Prison Legal Mail System 

on this the 2nd day of September, 2015. 

~J~:-11:: Relator Pro Se 

TDCJ-Id :If 1876161