# ",**cJlu.Jes..s~~o'~**

# o/,,f:53_,\D RECErVED 

# IN COURTOF CRIMINALAPPEALS

# ,-----J~~J11£J~~~~~~--------~Ab~e~IA~co~s~m~.C~Ie~rn~-­**~-~** ... JUt 01 

## 2il15\· 

### ·' IN 1'HE COURT OF CRUUNAL APPEALS OF TEXAS FRANKLIN CARL JONES Relator § § § § § § § § 

## RECEIVED 

# IN COURTOFCRIMINALAPPEAL 

### vs. IN RE. 977894 

## JUL 0

## 12U15 BELINDA J. HILL IN HER OFFICIAL CAPACITY Respondent 

## Abe!Acosta,Clerk RELATOR'S APPLICATION FOR WRI'rOF f1ANDAMUS TO THE HONORABLE JUDGE OF SAID COURT COMES NOW, Franklin Carl Jones, Relator, Pro, se1 in the above styled and numbered cause of action and files his Relator's Application of Writ of Mandamus, pursuant to Rule 52.08 Section (c) of TRAP, and will show the Court the following: I. RELATOR 1.01 Franklin Carl Jones, TDCJ #1224452 1s an offender incarcerated in the Texas DeparLment of Criminal Justice and is appearing Pro se, who can be located at the William G. McConnell Unit, Bee County, Texas 78102. l.02· Relator has exhausted his reme.dies and has no other adequately remedy at law. If the court determines that;:Relator is intitled to relief itmust make an appropriate order. The Court may grant relief without hearing oral argument. 1.03 The act soughL.tO be compelled is ministerial, not**disc~etionary** in nature. ·rRAP Rule 52.8(c) requires Respondent to immediately transmit to the Court of 185th a completecopy of his Writ of Habeas Corpus under newly discover evidence to hold a competency hearing where the State and Court appointed counsel failed to order a competeucy hearing for the Relator (Franklin Carl Jones).\I ·' II. RESPONDENT 2.01 Respondent Belinda J. Hill, in her capacity as First Assistant District Attorney(of Harris County, Texas has a ministerial Duty to turnover The Relator's 11.07 Writ of Habeas Corpus, Memorandum of Law and all his Exhibits A,B,C to the Court of the 185th District Court according to the State Bar Artiles of V.T.C.A.**~ov't.** Code Title 2,, Subtitle 6, Appendix Article 10, Section 9, Code Professional Responsibility. Disciplinarv RUle 9-102(3) (4) as applied in Resolution Trust Corp. V.P.C., 128 F.R.D. 647, "underTexas Law entire Writ of 11.07 Habeas Corpus and all attachment must be forward to the 185th District Court". III. VIOLATION OF STATE BAR ARTICLES OF V.T.C.A. GOV'T CODE TITLE 2 SUBTITLE 6, APPENDIX ARTICLE 10 SEC. 9 CODE PROFESSIONAL RESPONSIBILI'rY DISCIPLINARY RULE 9-102(3)(4j 3.01 On f\1arch 9, 2015, the Relator accidently filed an ll.U7 Writ of Habeas Corpus, Memorandum of Law and Exhibits A/B,C to First Assistant District Attorney Belinda J. Hill, alleging that he was denied a Competency Hearing under newly discovered evidence. Saia writ and documents was filed
on March 9, 2015, and was recieved by the District Attorney on the 11th or 12th of March 2015. The Relatorhas requested the Respondent to transmit his 11.07 Writ of Habeas Corpus, Memorandum of Law and all Exhibits to tbe Trial Court of 185th District:<lo.urit to no avail. 3.02 In his haste to mail out his 11.07 Writ<bf Habeas Corpus. ·He addressed it to the First Assistant District Attorney, Belinda J. Hill, instead of the Clerk of Courtroom l85th. 3.03 Relator knows that it is not their job to correct his error, but he has repectfully asked them to forward his 11.07 Writ of Habeas Corpus to the proper court, which is the 185th District Court, so that the Appeal

2.'_,i process may be speeded up instead of delayed. 3.04 On April 30, 2015, approximately 38**day~** later. Ms. Hill has failed to respond to my first letter nor has she responded to my certified letter, which was mailed out on Maret! 26, 2015. 3.05 As of this date, April 30, 2015, over 30**~omething** dyas later, Assistant District Attorney Belinda J. Hill, has yet to coffi2l_ywith Art. 11.07 Sec 3(c). 3.06 To date, Retalor has recieved no response from Respondent regarding**Relator's~request** for transmittal of a copy of the 11.07 Writ of HAbeas**Corpu~,** Memorandum of Law and Exhibits A,B,C to the Clerk of Courtrbom l85th, any answer filed and documents reciting the date upon which that finding was made. 3.07 As it is clear from Relator;s letters, Relator has repeatedly put Respondent on notice that=Relator seeks the transmittal of copy of the 11.07 Writ of Habeas Corpus, Memorandum of Law and Exhibits A,B,C any answeres filed and documents reciting the date upon which that finding was made and that such records are required by the "Laws and Rules" to act on Relator•s Writ of Mandamus. Relator has gone well byond any requirement or obligations imposed upon him by the State:"Bar of Texas. In contrast to Relator's efforts, Respondent has wholly failed to comply with the Art. 10, Sec. 9 Code Professional Responsibility, Disciplinary Rule 9-102(3)(4). The Respondent, is acting in bad**faith~** and has also failed to afford Relator the**·?rofe~sional** and common courtesy of any written responses to his correspondence and request. 3.08 The Assistant District Attorney, Balinda J. Hill shall immediately transmit to the Clerk of Courtroom 135th a complete copy of the 11.07 Writ Habeas Corpus, f1emorandum of Law and all Exhibits A,B,C, any answers filed

3.and documents reciting the date upon wich that finding was made. Failure of the**~irst** Assistant District Attorney (Belinde J. Hill) to act within the allowed 20 Clays shall constitute such a finding. Respondent is in violation ot this procedure, ministerial duties, and thus the laws of this State. Relator respectfully requesting tr1at shepromptly forward the ab:)Ve material to the Clerk of Courtroom 185th. Failure to promptly honor Relator's request will compel him to pursue a "Civil Suit" as well as bring this matter to the attention of the State Bar ot Texas Committees. I thank you tor your assistance. IV. PRAYER FOl{ RELIEF WHEREFORE PREMISES CONSIDERED, Franklin Carl Jones, Relator, Pro se respectfully request this Honorable Court to enter an order compelling the First Assistant District Attorney, Belinda J. Hill to immediately transmit to the District Court 185th a copy of Applicant's Habeas Corpus, Memorandam of Law and Exhibit. A,B,c,

.. any answers filed and a certified citing of the date such was made. The Respondent did not transmit documents nor the 11.07 Writ of Habeas Corpus, Memorandum of Law and Exhibits A,B,C, within a reasonable time after the day they were requested and that Relator bring this litigation in good faith and substantially prevailed. Relator pr?ys for an order directing Respondent to transmit a complete copy of the above documents to the Clerk of Courtroom l85th, any answer tiled,**an~** documents reciting the date upon wrrrch that finding was made to the Court Clerk of 185th as directed in Article 10, Sec. 9, Code Professional Respons1bility, Disciplinary Rule 9-102(3)(4) as apllied in Resolution Trust Corp. V.P.C., 128 F.R.D. 647, an
as requested in Relator's letters (Exhibits A through C).

4.THE STATE OF TEXAS COUNTY OF BEE AFFIDAVIT Respectfully submitted,

Franklin Carl Jones #1224452 CVicConnell Unit 3001 S. Emily Dr. Beeville, Tx 78102

I swear under oath that the facts anj allegation in the above APPLICATION FOR WRIT OF MANDAMUS are true and correct. INMATE'S DECLARATION I, Franklin Carl Jones, am the Applicant and being presently incarcerated at the William G. McConnell Unit in Beeville, Texas, declare under penalty of perjury that according to my belief, the facts stated in the above application are true and correct. SIGNED ON this

### the~ day of

# ~ '2015.

# ~M~ Applicant
CERTIFICATE OF**SE~VICE** I hereby certify that a ture copy of the above APPLICATION**~~R** WRIT OF· CViANDAMUS was served on: First Assistant District Attorney Belinda J. Hill 1201 Franklin St., Room 600 Houston, Texas 77002-1930 by

## p~~c~n;_a~true and correct copy in the U.S. Mail on the

## ~day of**--~---~~~~~~~~-----'** 2015.

# ~/~ Relator · 

# p1

5..**~)**

I



## ... 

# Exhiloi+-A·

### .. ··-.

.........

JUDICIAL NOTICE i:,OJ{\RCH 25 I 2015

RE: Writ of Habeas Corpusi**M~morandum.of** Law,**Exhi~its** A,B,C**Dea~** Ms. Belindcl Hill, With all doe respect, in 

### my haste to mail out my ll.Q7 writ o£ habeaG**cor~us,** I miscakingly sent it oto ihe District**Attorn~y's** Office**instea~dof** to the Clerk of Courtroom 185th. I kr1Qw that it**i~** not tour jOb to correct my error, but

, ;I 

### I am**~espectfully** askin9 l.ou to**fono~ard** my 11.07 writ of**itabe::~.s** cor·pus to t:h(::**~ro~~r** court, which is the 185th District Court so that the**A~p~al ~recess**  may bg**spe~** 

### up instead 

### of delayed. It was- the llth or or 12th of March 2015 in 0hich fOU should have ceceivea it. I have already contRcted the District Clerk explairiing the
I matter. Thank you tor your assistance in this**im~ortant** oattec and thank you for taking 

### out the time 

### to corr0ct this error.

C.C./File 

### Respectfullly Submitted, .l''ra.nklin**Jon~)S** T. D.C. ffl224452 3001 Sth Emily Dr.

Baeville,Tx.78102 !11CCONNELL UNI'l" ''·IT" 1"- n.J rn .-'1 CJ ·o CJ CJ ._[] .:::r rn n.J .-'1 CJ 1"- 

# \ Certified Fee

### ~A A ,.-_" \=ec,

### G!Yl~ Certified Mailirgvidet:: 

### \..YH ..**~.../_v** , 11 A mailing receipt

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## ·ft {if 2X..{

### ~

### <) 0" · C • A unique identifierforyour mailpiece • A record of delivery kept by the Postal Service for**~W?,**years ImportantReminders:

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.3/27/2015

Mr.Franklin CarlJones #1224452/McConnell Unit 3001 S. EmilyDr. Beeville,Texas78102 

# CHRISDANIEL HARRIS COUNTY DISTRICT CLERK

Memorandum response to correspondence received: 03/26/15 Re: CauseNo(s) 0977894. DearMr.Jones, 

### DirectDial Line:



### 1:8] Your motion/request Writ of Habeas Corpus was filed with the District Clerk and on 03/26/15 the Court:



## 0 0**~** Took no action 

### 0 Denied your Motion/Request 

### 0 Tookaction 

### 0 Advised attorney ofrecord
Ourrecords reflectyourjailtimecreditto be: ContactTDC records for furtherinformation. 

### 0 Granted your motion/request**~** Other
Sentenceto begin date:

__. 

## 0 Requests forcertified copies: 

### 0 Please includefull name, dateofbirth, and/orcause number. 

### 0 Copies must be ordered by document namefor correspondenceto determine how many pages, to be able to quote a price. The fee for certified or un..:ertifiecl copies is $1.00 !)er !)llge. All**requ~sts** m!tst include a selfaddressed, stamped envelope Ifthecause numberis not known, there will.be a record search fee of$5.00. 

### 1:8] Other:_ This clerk contacted the Assistant DistriCt Attorney's Office for Court 185 and was advised that a Writ from Franklin Jones has not come across her desk. Furthermore, she advises ifone should be mailed by mistake to theADA for the 185th it would be forwarded to theHarrisCpuntyDistrictClerks'sPostConviction WritsDepartment.

By: T. Czepinski Clerkin the 185DistrictCourt

P,O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (713) 755-5749'

### ~\t ' .

' ' 

### ll "4/22/2015

Mr. Franklin CarlJones #1224452/McConnell Unit 3001 S. EmilyDrive Beeville,Texas 78102 

# CHRISDANIEL HARRIS COUNTY DISTRICT CLERK

Memorandum responseto correspondence received: 04/2112015 Re: CauseNo(s) 0977894. DearMr.Jones, Direct Dial Line:



### [gj Your motion/request TO COMPEL was filed with the District Clerk and on 04/2112015 the Court: 

### 0 Took no action**~** Denied your Motion/Request 

### D Granted your motion/request 

### D Took action 

### D Advised attorney ofrecord**~** Other 

## 0 Ourrecords reflectyourjailtime creditto be: Sentenceto begin date:

__ . 

## 0 ContactTDC records for further information. 

## 0 Requests for certified copies: 

### D Please include full name, date ofbirth, and/or cause number. 

### D Copies must be ordered by document name for correspondenceto determine how many pages, to be able to quotea price. The fee for certified or uncertified copies is $1.00 per page. All requests must include a selfaddressed, stamped envelope- Ifthe cause number is notknown, there will be a record search fee of$5.00. 

### [gj Other: Pleasesee the enclosed Certified Copyofthe Court'sRuling.

By: T. Czepinski Clerkinthe 185 Distri

P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (713) 755-5749\

# ... E::< PARTE: Fi<.ANKLIN CARr.

..**101\lP~** Tl\1 'T'RP. lASt-h llTS'T'RTC"l' ('nflR'T' 

# F 1r 

# L v**r·.~~\** 1l .i£3..4 iJ Chris Daniel District Clerk OF HARRIS COUNTY,


## -APR 2 12015 CAUSE NO. 977894

# >?''~/~**0~('[,** ,, Time:**-~:--::-----** Applicant's Motion to Compel! To The Honorable Judge Susan Br9wn

# ~

# J..,j "'h Fran]clin Carl Jone;:;, Applicant pro se, moves to this court

# for~ ( 7

## 0..
an order Hill, to CriminaL

answer filed and a certificate reciting the date upon whi such finding was**mad~.** in support thereof Applicant**wo~l~· .~.;**  ·; ... the court the following: :...•· 1). Applicant filed an application for Writ of**Habe~s;Corpus** \ alleging that he was denied

.. a Competency Hearing**und~r** pewly discovered evidence. Said

### w~ it was filed on March 9.;,

### 2b{~:r;·,~nd ···: ··'·\;_'· 

### -· ·, was received the District Attorney on the llth or**l2tt;it-i>.:t·:·~.;:t;rd;h**



### .**·.~ =:~·i;;;;~;;·J.·~_;:~;:**  

### .. ::-;·_;;·- ..**~** 2015. 2). In my haste to mail out my 11.07 writ of Habeas Corpus, I addressed it to the District Attorney instead of teh Clerk of Courtroom l85th. 3). I know that it is not their job to correct my··erro:L 'but· I had respectfully asked them to forward my 11.07 writ of Habeas Corpus to the proper court, which was the l85th District Court so that the Appeal process may be speeded up instead of delayed. 4). On April 15,2015, approximately (l) month later, Ms. Hill has failed to respond to my first letter nor**~as** she responded to my certified letter, which was mailed out**cOh.:::·M~r·ch.** 26,2015.**~- ~-··:.;·.:** ..\

.... 

# :

...**,~:** ':' ';

### :-: ·..**~:':~**..... 5). As of this date, April 15,2015, 30 daysf.·l'a-t'er, Assfstant District Attorney, Belinda J. HilL has

## y~::£-.~:·i~**'··~·om~:ly·**..

## ~:f~h Art. ;.:- . ... 11.07 Sec. 3(c).**~** . j Wherefore, the Applicant request this**Ho'·~,pr.aqle··c<?u'rt** to enter

') < an order compelling the Assistant District**~t~d~ney, B~linda**  J . H i 11 , t o i m med i a LE:l y t r e:w.si<l.L t. 

### t. 0 Ll'ie; 

## ui .st 

### ri c t Cour t 185 t h
a copy of Applicant's Habeas Corpus, any answer filed and a certified citing of the date such was made..-I. j'**~** 

# .**~ Depu~;**