, cJlu.Jes..s~~o'~ o/,,f:53_,\D 

RECErVED IN 

COURT OF CRIMINAL APPEALS 

,-----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 

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§ 

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§ 

RECEIVED IN 

COURT OF CRIMINAL APPEAL 

vs. IN RE. 977894 JUL 0 12U15 

BELINDA J. HILL 

IN HER OFFICIAL CAPACITY 

Respondent Abe! Acosta, Clerk 

RELATOR'S APPLICATION FOR WRI'r OF 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 inti tled to relief 

it must 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). 
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·' 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 Relator has 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. 
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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 she promptly 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. 

Applicant ~M~ 

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" 

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Certified Fee 
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PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 

! . 

3/27/2015 

Mr. Franklin Carl Jones 

#1224452/McConnell Unit 

3001 S. Emily Dr. 

Beeville, Texas 78102 

CHRIS DANIEL 

HARRIS COUNTY DISTRICT CLERK 

Memorandum response to correspondence received: 03/26/15 

Re: Cause No(s) 0977894. 

Dear Mr. Jones, 

Direct Dial 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 Took action 0 Advised attorney of record 

Our records reflect your jail time credit to be: 

Contact TDC records for further information. 

0 Granted your motion/request 

~ Other 

Sentence to begin date: __ . 

0 Requests for certified copies: 

0 Please include full name, date of birth, and/or cause number. 

0 Copies must be ordered by document name for correspondence to 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 If the cause number is 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 if one should be mailed by mistake to the ADA for the 185th it would be forwarded to 

the Harris Cpunty District Clerks's Post Conviction Writs Department. 

By: T. Czepinski 

Clerk in the 185 District Court 

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

~\t ' . 

' ' ll " 
4/22/2015 

Mr. Franklin Carl Jones 

#1224452/McConnell Unit 

3001 S. Emily Drive 

Beeville, Texas 78102 

CHRIS DANIEL 

HARRIS COUNTY DISTRICT CLERK 

Memorandum response to correspondence received: 04/2112015 

Re: Cause No(s) 0977894. 

Dear Mr. 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 of record ~ Other 

0 Our records reflect your jail time credit to be: Sentence to begin date: __ . 

0 Contact TDC records for further information. 

0 Requests for certified copies: 

D Please include full name, date of birth, and/or cause number. 

D Copies must be ordered by document name for correspondence to determine how many pages, to be able to 

quote a price. The fee for certified or uncertified copies is $1.00 per page. All requests must include a selfaddressed, stamped envelope- If the cause number is not known, there will be a record search fee of $5.00. 

[gj Other: Please see the enclosed Certified Copy of the Court's Ruling. 

By: T. Czepinski 

Clerk in the 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 1 2015 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 ll th 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 me d i a L E: l y t r e:w.s i<l .L t. t. 0 L l'i e; u i .s t r i c t Co u r t 18 5 t h 

a copy of Applicant's Habeas Corpus, any answer filed and a 

certified citing of the date such was made. 
.-I. 

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Depu~;