-. I 

-t1l qo3--us- .. ' 

--·· ff //?. fl he) 71 ro,2ifl~Lle!2k 

R~Q~~Y~~q~!~. ~ vuurlr '\..I Yl til lH~ :~" ._, r u-~ I l:::::al n::::ll' 

86-l Q €i 't9~§ 

CauiliaE_ClU..mJiJlttLtlp-f-e~& 

__:@~&! !J!/i 0 g A~l,costa~lell< 

~~/~ §J_t!eir-o~ - Oc -:;a~ I~ 

~a_£~ _LK_r UiUL =-··=-

/ 

-- -=:;;oo~-- -· -·--

Cit lAS£ AI fJ.; 3_ 0 tooO/f -!i_:;ld 

_'!{£: F:t_I_;A-~f_e, J18f212{-Zi2~ tlaR.dazd. : 

I; 

--- ?f7a, ll~C2SI-/I ~- _ · 1 

/;-/leo~ 

Ea2c1o..u::e.d ~!di!tL/'~ ~ 

~~· _tc,_he__;Ptz. ~ ~-OdekL6 . 

_C":)_ L /' 

;<:~~ 1¥ X&_lJ:U lkt:! 

' iL y 

• 

t2m--PJ;~~ ' 

-

' ' 

-· : 

·- ·' 
I 'f' .· '·, 

. '!r .. -· .... 

··.' ' 

'; .. ' 

. - -~. 

IN THE COUkT OF CRIMINAL j 

APPEALS OF TEXAS 

CAUSE NO. 306bOA-422 

bARRYL RAYNARD GORDON (RELATOR) 1 

vs. 

HON. JUDGE B. MICHEAL CHI:fl:Y 

422nd. DISTRICT COURT OF 

KAUFMAN COUNTY, KAUFMAN TK. 

(~ESPONDENT.) 

,. 

* *** * *** ***** * *** ** *·1r* **'* **:*'* * * ***   ** ****"':* **·* .. **** * * 

ON PETITION FOR·WRIT OF MANDAMVS 

***~~*~*************~*~~.*~***********************~**** 

~. ;· 

: --"'~ 

._·. 

. '· '·. 

.. 

~ .. 

3 JESTER Rd-11852766 

RICHMOND, TX. 77406 

P~O.' SE' .-,,_. 

·.·· .... 

,. -~ .... 
CAUSE NO: 

IN RE: DARRYL RAYNARD GORDON § IN THE CRIMINAL 

Relator, § COURT OF APPEALS, 

§ 

v. § AUSTIN, TEXAS, 

§ 

HON. B. MICHEAL CHITTY § 

Respondent, § 

PETITION FOR WRIT OF MANDAMUS 

Comes now, DARRYL R. GORDON, Relator, to file this Petition 

for a WRIT OF MANDAMUS pursuant to the Texas Rules of Appellate 

Procedur~ 52, and for good cause as Relator is illegallt restrainded and confined of his liberty in direct violation of the u.s. 

and TEXAS CONSTITUTION, BEING HOUSED IN THE Texas Department of 

Criminal Just ice Correctional Divis ion , on thd. Jester· .. 3 unit, 

Richmond, Tx, 77406. 

I. STATEMENT OF JURISDICTION 

Under Article V~ Section 3 of the Texas Constitutiori and 

Section 22.002(a); 

of the Texas Gove:tment Code which grants the Supreme Court of 

Texas to issue a Writ of Mandamus. 

II. PARTIES 

Relator, Darryl R. Gordon is an individual seeking Habeas corpus 

Relief in Criminal Cause: 30600A-422 

Respondent, Hon. Judge B. Micheal Chitty of the 422nd·. District 

court of Kaufman county, Kaufman, Tx 75142 

/ 
· •. u 

··.' III. HISTORY OF PROCEDUR~(ing) 

Relator, was indicted for the offence of Eva~ing ArreSt 

. . ! 

with a Motor vehicle in Cause #30600; the offence was alledged 

to have been committed on or ab6ut November 17,2011 in Kaufman 

county, Kaufman, Texas. the court gave riotice of; intent to in:L 

~·. l .· 

A trial by jury was ~~ryducted on Oci. 

I 

enhance the punishment. 

29 1 2012 and Relator was found guilty and sentenced to Lif~ in 

the Texas Department Of Criminal justice. Relator would. file 

an Appeal on March, 2012 and appeal would be Affirmed on November 

19 1 2013 Cause # 05-12-01520-CR. R~lator wotild file a P.D~R. on 

December 31,~013 the same was refused on ~arch 12,2014. Relator 

would file his.original Writ of Habeas corpus in j"une2014 and 

the Respondent would issue an order DESIGNATING ISSUES BASED ON 

THERE BEING. CONTROVERTED AND PREVIOUSLY UNRESOLVED FACTS, 

. >, .. In said order the Hon. Judge Chi tty would order Affidavits 

from both the trial Attorney and Appellate Attorney. The order 

handed down on July 30,2014 gave the attornies until September 

1,2014 to file said affi0avit and present a ~opy to the counsel 

for the State. the State in the same ordei was given no more than 

3~ days to file a reply brief in responce to the Relator's 

allegations including documentary evidence to support their finding. 

IV. ISSUES PRESENTED 

Relator will seek to prove by the record that the said order 

has b~en violated by the State as well as the Hon. Judge, the 

record has fallen silent after the said affidavit was filed by 

both Attornies,the Court has failed to take any action. 

2. 
V. ISSUE ONE 

The DISTRICT COURT, Respondent, Abused it's discretion ~-= 

by failing to perform a basic ministerial duty by.-pJ:O-f::.adhearing to 

the order of the court and. violating the appellate procedure. 

Argument and Authorities 

Mandamus is an extraordinary writ that should be issued only 

when the Trial court has clearly abused it's di~cretion, or failed 

to perform a ministerial act or duty' and no adequate remedy of 

law exists. see:Walker v. Packer,827 s.w. 2d 833 (Tex.l992). 

In addition, a writ of mandamus will issue to correct a clear 

abuse of discretion. see: In re Nitla S.A.,925 s.w.3d 419,422 

(Tex.2002); see also Liberty Nat'l Fire Ins. Co. v. Akin,927 

S.W.2d 627,629 (Tex.l996}; accord Walker, 827 S.W.2d at 839, 

A t~ial court application of leg~l principle is reviewed for 

abuse of discretion seperately from it's resolution of factual 

disputes. 

·Abuse of Discretion 

The Respdndent committed an error by not up holding order of the 

court or follow the rules set out in the Rules of Appellate 

procedure. According to * Rules of Appellate Procedure,73.5; 

"Within 180 days from the date of reciept of the appli~ation by 

the State, the convicting court shall resolve any issue that the 

court has timeiy designated for rerolution, Any motion for an 

Extention of time ... 

must .be filed in theCourt Of Criminal Appeals before the 18lday 

3. 
( 

. ,. 

·Abuse of Discretion cont's 

The record supports the fact that. Respondent is in violation of 

rule 73.5 of Rules of Appellate Procedure, in that there has 

been no reply from the State nor a Reccomendation by the ~espondenf 

in well over THREE HUNDRED, SIXT FIVE DAYS,(365). 

The Respondent has failed to respond to any objection made 

by the R~lator over the past year. The Relator has written letters 

to the Respondent as well as the District Clerk with out a 

response. the record itself will show that the Respondent never 

filed for an Extention of time by the dead line of the 18lday and 

based on this Violation this writ of mandamus should be granted. 

·Consequential Damages 

The Texas Constitution demands that i.t's habeas process be 

"speedy and Effe~tual", Texas Constitution Artcle I § 12. 

Through the failure of basic judicial ministerial acts the 

Respondent has caused the habeas process to be non-effectual. 

The record will prove that Relator's constitutional rights has 

been violated through every stage of this case, such as: 

Respondent failure to answer Relator's Motion for New Trail. 

Respondent failed to hold a Faretta hearing. 

Respondent failure to appoint requested counsel. 

Respondent failure to order a Competency hearing. 

Respondent failure to answer any objections. 

The record will show that Relator has no adeqriate way to vindicate the harm caused to him without Mandamus. 

4. 
i 

VI. CONCLUSION 

In E~ Parte Harleston,43l S.W.3d 67(Tex. Crim App. 2014) 

The court held that when receiving a habeas corpus finding 

of fact and conclusion of Law, We defer to those findings and conelusions if they are supported by the record, We refer to those 

findings by the record because habeas court is the original 

fact finder and in the best position to evaluate the credibility; 

However our deference is nor a Rubber Stamp and We can envbke 

our authority as the ultimate fact finder ..... when it's independent 

review of the record reveals that the trial Judge's findings 

and conclusion are not support~d by the record. 

In this case the Relator petitions the Court to review the record 

against the exihibits presented here in. 

May Mandamus be Granted with out delay out of Fairness and 

repsect for the Rudimetary demands for Justice . 

. UNSWORN DECLARATION 

I, DBRt'2o/J '£. 6oRLfod T. D.c. J. # I r,J~;J.-2/.t/o , do hereby declare 

under penalty of perjury that the facts here in are true and 

correct to the best of my knowledge. 
EXHIBITS 

1. JUDGEMENT OF CONVICTION 

2.0RDER DESIGNATING ISSUES 

3.LETTER TO COURT OF CRIMINAL APPEALS 

4.AFFIDAVIT IN FACK (DENNIS JONES) 

S.AFFIDAVIT APPOINTED ATTORNEY 

CERTIFICATE OF SERVICE: This is to certify that on, Odobe!c ~Nc/ ,2015, a true and correct copy of the above and foregoing 

writ of mandamus was placed in the u.s.mail to The Court Of criminal 

Appeals atP.O. BOX12308, Capitol Station, Austin, Tx.787ll 

Pro' Se' 
COUNT 

THE STATE OF TEXAS ~/ · /'t 

v. /~"ibt DARRYL RAYN. 

STATE ID No.: TX-0::., 

CASE No. 30600-422 '' ·"·· . FILE:D fOR RECORO 

§ IN THE 422* &iStMMaiOitN t Y 

§ . 'T£~~ 

§ OF 

§ 

§ 

§ 

§ 

JUDGMENT OF CONVICTION BY JUR 

Judge Presiding: HON. B. Michael Chitty 

Da~e Judgment 

Entered: 10/30/2012 

Attorney for State: Mike Mclelland 

Offense for which Defendant Convicted: 

EVADING ARREST DETENTION WNEH 

Charging Instrument: 

Indictment 

Date of Offense: 

11/17/2011 

Degree of Offense: 

3rd Degree Felony 

Verdict of Jurv: 

Guilty 

Plea to 1st Enhancement 

Paragraph: Not True 

Findings on 1'1 Enhancement 

Paragraph: True 

Punishe·d Assessed by: 

Jury 

Punishment and Place of 

Confinement: LIFE in TDCJ - ID 

Attorney for 

Defendant: 

Statute for Offense: 

§38.04 

Plea to Offense: 

Not Guilty 

ProSe 

Findings on Deadly Weapon: 

was not 

Plea to 2na Enhancement/Habitual 

Paragraph: 

Findings on 2na Enhancement/Habitual 

Paragraph: 

Not True 

True 

Date Sentence Imposed: 

10/30/2012 

Date Sentence to Commence: 

10/30/2012 

THIS SENTENCE SHALL RUN CONCURRENTLY. 

. .· •' ~ '"" .. D SENTENCE OF CONFINEMEJ4T SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR YEARS. 

Fine: Court Costs: Restitution: Restitution Payable to: 

$-0- $329.00 $-0- n/a 

[X] Attachment A, Order to Withdraw Funds, is Incorporated Into this judgment and made a part hereof. 

Sex Offender Registration Requirements do not apply to the Defendant. Tex. CooE CRIM. PRoc. chapter 62. 

The age of the victim at the time of the offense was n/a. 

If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order. 

From 11/17/11 to 11/18/11 From 3/27/12 to 3/27/12 4/5/12 to 4/10/12 

5/19/12 to 1 0/30/12 

Time 

Credited: 

If Defendant is to serve sentence in county jail or Is given credit toward fine and costs. enter days credited below. 

DAYS NOTES: N/A 

All pertinent information, names and assessments indicated above are Incorporated Into the language of the judgment below 

by reference. 

This cause was called for trial in Kaufman County, Texas. The State appeared by her District Attorney. 

Counsel/ Waiver of Counsel (select one) 

[ ] Defendant appeared in person with Counsel. 1 

[X] Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing In open court. 

It appeared to·the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. 

Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and 

Defendant entered a plea ·to the charged offense. The Court received the plea and entered it of record. 

The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the 

guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury ~elivered its 

verdict in the presence of Defendant and defense counsel, if any. 

The Court received the verdict and ORDERED it entered upon the minutes of the Court. 

Punishment Assessed by Jurv I Court I No election (select one) 

83 I 

I 

f 

'· 
i 

~-. 

·" ! 

., 

·~·~ ~: 0 e~~ ~-A·;Q : ~~- ~ z~~~-=.~~. - . 2 ~£:· :X . ~C)-· 30600A-422 

1'1 ~-·· -..L.-0 

IN TH~42~ 'JUi2jCIAL< 5 . DEFENDANT'S -< w \, :.·· EX PARTE 

EXHIB\1 f). DISTRICT COURT OF 

DARRYLRAYNARDGORDON ~ . . ;~~,- ----=------ I ~ ' 

·KAUFMAN COU~_JTY,. TEXAS .. ~ '·:" ,.:. . ·.-:': .. 

ORDER DESIGNATING ISSUES AND GRANTING THE STATE -~,., .. · 

LEAVE TO FILE AN AMENDED ANSWER . 

..., · ......... ~ AFTER FURTHER EVll)F~~f.CEJS~GATHE.R_EJ} 

Pursuant to article 11.07(3)(d) ofthe Texas Code ofCriminal'Procedure, ... th~~ourt -·~ . 

finds that from the application for writ of habeas c9rpus filed by the applicant,- there exist , 

controverted and previously unresolved fact issues that are material to the legality of the 

applicant's confinement. The Court further finds and designates that these issues. of facf . ,I • 1 ~ '• 1 r ' • 

to be resolved concern: 

1. 

2. 

Whether his waiver of counsel was involuntary because he was incompetent 

to stand trial; and 

' . 

Whether the applicant was denied the effective assistance of trial and 

appellate counsel because trial and appellate counsel failed to file motions 

to determine applicant's competence and because appellate counsel failed to 

assert as a point of error trial cour.sr l's failure to contest competene<~. ~-, . r' r· · ··--.r .... ',• · -r1, .-/ r' .. ' ' t.- --~,-:..,_· ?<'- .J." • .:. -~',,;.A:-t:,~.~io,_·•f'~· 

,_ ., Therefore, pursuant to article 11.07(~ J\ d), jthc Court will resolve the above-citffi1::: ... · -. 

-~-~· ' ' ·~:~~ ~-: ' . ' 

issues and enter findings of fact. To aid the Court in resolving the above-cited issues, the\~.~:- . , . . f ,·"':·i) ...... :.-

Court orders that the app-licant's appointed counsel, Michael Harris and Dennis Jones, I 

prepare and file affidavits responding to the issues set out above. Mr. Harris and Judge , I 

Jones are ordered to file such affidavits on or before September 1, 2014, and to tender . I 

copies of their affidavits to counsel for the State. The State shall be pennitted to file an 

I . 

... 

1 I 

--~ 
r . :.

 1.' • ,~ 

r ,, 1 

.., fl' 

4 

/l 

I 

~ ~ amended answer m response to the applicant's allegations, including documentary 

evidence in support thereof, and such amended answer shall be filed by the State at a 

reasonable time not later than 30 days after defense cpunsel file their affidavits with this 

. Court. 

The Clerk of the Court is therefore ORDERED to transmit a copy of this order 

designating issues to the . Court of Criminal ~ppeals. The Clerk of the Court is 

~. -·-·- ~-·· ·:-.r::-....-:.::. ... >~ .!._, \,...,. . ··'· ··~...,. ,, .• , . . -~·. ~ ' 

ORI)ERED NOT to tnins[llit at this time any other· documents in the above-styled case to 

L\ 

~~ 

'>. 

the Court of Criminal Appeals until further ordered by this Court. The Clerk of the Court 

is further ORDERED to transmit a copy of this order to applicant, to attorney Michael 

Harris, to Judge Dennis Jones, and to the Kaufman County Criminal District Attorney's 

Office. . .. Jv . SIGNED thisJo day of July 2014. 

I 

... ' ~ :-'"-·. -.... .. 
•· ":fl·· 

fl." 

i 

! 

I/. 

I 

... .._...,_ 

Rhonda Hughey 

~[:iH~· hir District Clerk 

3 

Kaufman-County· 

Court of Criminal Appeals 

12308 Capitol Station 

Supreme Court Building 

.h.·..:~!~r., Tex~~- 78711 . 

R.E: Cause No. 30600A-422 

Ex Parte: Darryl Raynard Gordon 

Dear Clerk, 

July 3 L 2014 

County Courthouse 

1 00 W Mulberry St. 

Kaufman, Texas 75142 

972-932..0279 

-'. ~ ·--..._,.,...--..-~---. ----:-'-····-~ 

Enclosed please find the Clerk's Record for Writ of Habeas Corpus to be filed in your 

C<;)Urt regarding the captioned cause. 

If you have any questions. please contact our office. 

Rhonda Hughey 

District Clerk 

Kaufman County, Texas 

RH/dvv· 

Cc: Erleigh Norville Wiley, District Attorney 

Darryl Raynard Gordon, Applicant 

Michael Harris. Attorney 

Judge Dennis Jones 

... 

·---.... -~ .. --,) · .. 

. . ~. . 
. ( ... 

r' 

.I 

~t -.;'·j:, 

.... , 

Ex Parte 

Darryl Raynard Gordon 

30600A 422 

j i I ' ' l i ·.' ' . 

. \:.; 

In the 422nd Di~rict Court 

~ • • • • •• . • 1 -' -

Kaufman County Texas 

m ~ ~-~ 

-< CJ~ :; ~~ o c::: ~o = ~ _..:x~ 

AFF~DAVITIN FACT -~ ]:.. ~~~ . . n~ . o~ 

t rc.'·· :J'liO ".!'Or" :::J ,., --- :::1: ::: (": 

r,riy ·;1ain~;; is Denn:s Jor.es and I :am a licensed attorney in the.; Stite o~ ~i:, . . . \ c . " .. 

Texas. I am currently the presiding judge in the County Co:Qrt at La~# 1·<r 

Kaufman County Texas. I have been practicing law since ·1979 primarily in 

the area ·of criminal taw-both trial and appetlate. 

I was the appellate attorney in the above numbered cause appointed·· 

to represent Mr. Gordon in November 2012. I completed the brief on his 

-,. behalf and submitted _it to the appellate court. Before the appellate court's 

opinion came out, I was appointed to the CCL bench. The trial court 

allowed me to withdraw my appellate representation and. the trial court 

·appointed. another attorney as appellate counsel. From beginning to 

end, I personally met with Mr. Gordon at least twice. ·Most of my 

cc;>mmunication was by correspondence. I received· ?PProximately/ at least 

·: •:eight (8} letters from Mr. Gordon _and .I responded about the same. 

-·~ou~in9·.rDY face to fac~ ,mee.ttn.gs, I thought and believed .. Mr. Gordon to be 

~-,.·-·-~~~--.. · .. ~e-~s?~a'~ie, .. , c.o~~~~iCJ.~i~~~~~~;~~;it~\~~. ~-:' J_~_iidg_.: n~,<;?.t hav~.· any trouble a.~ ... · understano1ng w·na·c n'.:a salu·--~.-w-~--·d···:~ ""-"'~-~~,...~ .... "' ~-.... ··aarl r f.··u •nrl .. . l ,~ 1 __ ,,,, I ,,:.li I' . 1 tl:cu v:Y.n.:;;P<·;;·'-..-.J. 0

·:;;:.·: •• >''-·-~-...... · ... , ~- .... ,. :;..;. -'"""·.______. 

. \ · him to be abov~~aver~~e in.t~1Jig.en~~actuqUy h~ wa_s pretty sharp .. The 

. · :· letters that L-received from.c-hi·m were the same (i.e. focused, 

· understarid~~le, dilig~nb. ·· N,ever in my dur~tioh of his representation did I • . ·4 . 

ever feel that Mr. Gordon w~s incompetent.: From my read_ing of the 

;.ir .,stater,-tent of facts, I be!ieved th(:~t: Mr: Gordon wa~ competent. I did not ~:r.ft{f.~ . t ' '"" ) 

" .; assert as a point of error the trial counsel's failure to contest competence 

., becaus~ I did hot -believe the evidence supported such a point of error. I 

... 

-; 

I .. 

. ~ ~ ... .. -. f . 

- ·-f· 

' 

' " ' 

tl_ ·. l 
did not ever file a motion to determine competence of Mr. Gordon because 

I did not feel that he was incompetent. 

This affidavit is true and correct to the best of my knowledge. 

Dennis Jones 

-r.: 

•' 
, 

.·0./ 

~ ~lillo,}-: ""' 

~, II 

---- _) 

EX PARTE 

DARRYL RAYNARD GORDON ,,. 

··~ 

CAUSE NO. 30600A-422 

)( 

)( 

)( 

)( 

)( 

201~ AUG -7 AM 8: 58 

INTHE422ND 

..... il1='PUTY 

.. ,.,. ... ~s 

FORMER COURT APPOINTED A'ITORNEY'S AFFIDAviT 

COMES NOW MICHAEL RAY HARRIS, former. court appointed attorney for the 

applicant Darryl Raynard Gordon in the above-referenr-.ed case who files this· affidavit in 

response to the court order issued on July 30, 2014 to hdp resolve the following issues of fa<..-t: 

ISSUE 1. · Whether the applicant's waiver of counsel was involwttary· because he was 

incompetent to stand trial; and ~·. J .... ,-. 

ISSUE 2. Whether the applicanf~as denied the effective assistance of trial and appellate 

counsel because trial and appellate counsel failed· to assert as a point of error trial counsel's 

failure to contest competence. 

1. Kaufman County originally appointed.$-e affiant to represent Darryl Raynard Gordon for .. 

· the charge of Unlawful Use of,i;i_Motor Vehicle. The affiant immediately suspected Darryl 

Raynard Qordon was .an Antisoeiat Personality Type. The symptoms of this disorder are: 

···· .. · irresponsible, de~itful. poor regard for rights of others, lack of empathy and remorse, violates 

social norms, and exploitive. The Darryl RAynard Gordon's behavior since the time of the. 

original appointment continues to support a diagnosis of Antifiocial Penonality Disorder. 

The affiant does not believe an Antisocial P~nality Disorder supports a claim of incompetence 

to stand trial and/or voluntarily waiver of counseL 

Vehicle while working as a Confidential Informant for the Terrell Police Department lhe affiant 

persuaded Assistant District AttOrney Shelton Gibbs to release the afftant on a personal 

recognizance bond .. The affiant subsequently got arrested by the same police officer he worked 

for as a confidential informant for an Armed Robbery that affiant heard Darryl Raynard Gtirdon 

later plead guilty to. 

3. The Kaufinan County District Attorney's office reassigned the affiant's cases to Mark 

Hasse who told the affiant that there were four possible felony charges against the affiant with 

two prior felony convictions resulting in penitentiary sentences. This meant Darryl Raynard 

Gordon faced possible punishment of 25 to 99 years iri the penitentiacy under the Habitual 

Offender sectionS of the Texas Penal Code. The affiant sent a letter to Darryl Raynard Gordon 

that Mark Hasse planned to keep taking his cases to trial until getting a long prison sentence .. 

•'' 

..... , .-...,.· 
-

\ 

4. Darryl Raynard Gordon claimed he was entitled to .. a lawyer who believes in me." The 

affiant told Darryl Raynard Gordon his job as a court appointed lawyer was to tell defendants 

what the needed to hear-not what they wanted to hear. Darryl Raynard Gordon proceeded to be 

as difficult as possible for the affiant. The affiant told Darryl Raynard Gordon he was free to hire 

another attorney to take over the case. Yet the affiant was not going to merely pass a problem 

client onto another court appointed lawyer. The affiant also tolli Darryl Raynard Gordon he had \\ 

the right to represent himself. 

5. The affiant filed a motion notifying the trial court of the problems between the affiant and 

Darryl Raynard Gordon. The affiant specifically remembers the trial court judge on the record 

telling Darryl Raynard Gordon that he had been to the penitentiary twice with the assistance of 

counsel and ask~ '"What n;takes you think you're ~o~g to do any better without ~ne'r' Darryl 

Raynard Gordon insisted on representing himself and the trial court judge fonnally relieved the 

affiant of his duties as court appointed lawyer. 

6. Darryl Raynard Gordon subsequently filed a grievance against the affiant claiming the 

affiant acted in "an unprofessional manner''. The State Bar Grievance Committee chose not to 

pursue the claim. Darryl Raynard Gordon appealed the ruling that the affiant did not violate the 

RuJes of Professional Conduct. The Board of Disciplinary Appeals affinned the committee 

ruling. 

Texas State Bar No. 24003768 

6051 Clearwater Ranch Rd. 

Wtlls Point, Tx 75169 

Td: 972--563--3205 

Fax:972-563-3208 

info@michaelrayharris.com