Page 1 of 4 NO. ______________________

IN THE

COURT OF CRIMINAL APPEALS

AT AUSTIN, TEXAS

In Re: Thomas Allen Simon, Relator

RELATOR’S MOTION FOR TEMPORARY RELIEF

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Relator

, Thomas Allen Simon, respectfully presents this Motion for

Temporary R elief pursuant to T EX

. R. A PP

. P. 52.10 . In support of h is motion,

Relator would show the Court as follows:

1. Relator has, on August 25 , 2015, filed a Petition for Writ of Mandamus

and fo r Writ of Prohibition with this Court seeking to vacate the order of

the trial court removing his appointed trial counsel.

2. Relator re quests that this Court issue an order staying the underlying

proceedings in the court below.

3. Respondent has set the under lying case on the trial court’s docket on

August 27, 2015 for hearing on Relator’s pre

- trial motions and on

September 14, 2015 for jury trial. As it stands, Tracy D. Cluck has been

removed as Relator’s attorney and has no right to represent Relator at the WR-83,783-01,02

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 8/26/2015 8:45:18 AM

Accepted 8/26/2015 8:59:23 AM

ABEL ACOSTA

CLERKPage 2 of 4 pre

- trial hearing or jury trial. Relator does not know whether this Court

can rule on this application before this hearing and/or the jury trial occur.

4. Any attempt by Respondent to force the underlying case to hearings or to

trial will interfere with this Court’s jurisdiction and will deprive Relator

of the right to have the impropriety of the challenged order removing

Tracy D. Cluck as his attorney deter mined before he is subjected to

hearings or trial hereunder.

5. Relator has no adequate remedy at law to redress the harm that he alleges

will ensue if the trial court forces the case to hearings or trial before this

court determines the propriety of the ord er removing his attorney.

6. For th ese reason s , Relator requests this Court to issue an order staying

the underlying proceedings.

WHEREF ORE, PREMISES CONSIDERED, Relator respectfully requests

that the Cour t grant this motion for temporary relief and that the Court grant such

other and f urther relief to which Relator may show h im self to be justly and

equitably entitled.

Respectfully submitted,

/s/ Tracy D. Cluck

___________________________ TRACY D. CLUCKPage 3 of 4 Texas Bar No. 00787254

12600 Hill Country Blvd., Ste. R

- 275

Austin, Texas 78738

Tel: (512) 329

- 2615

Fax: (512) 329

- 2604

tracy@tracyclucklawyer.com

L. T. “Butch” Bradt

Texas Bar No. 02841600

14015 Southwest Freeway, Ste. 4

Sugar Land, Texas 77478

Tel: (281) 201

- 0700

Fax: (281) 201

- 1202

ltbradt@flash.net

ATTORNEYS FOR RELATOR

THOMAS ALLEN SIMON

CERTIFICATE OF COMPLIANCE

I hereby certify that I have, in compliance with Tex.R.App.P. 52.10,

notified, or made diligent effort to notify, all parti es by expedited means, by e

mailing this motion to each on August 25 , 2015, notifying the parties that a motion

for temporary relief has been, or will be, filed in this case

.

/s/ Tracy D. Cluck

TRACY D. CLUCKPage 4 of 4 CERTIFICATE OF SERVICE

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

been served on the foll owing par ties, by e

- mail , on August 25 , 2015 :

Honorable Evan Stubbs

424 th Judicial District Court

1701 E. Polk St., Ste. 74

Burnet, Texas 78611

424distjudge@gmail.com

Hon. Wiley B. “Sonny” McAfee

33 rd & 424 th Judicial District Attorney

Gary Bunyard, Asst. Dist. Atty.

1701 E. Polk St., Ste. 24

Burnet, Texas 78611

Wiley1450@yahoo.com

g.bunyard@co.llano.tx.us

Gary Prust

1607 Nueces St.

Austin, Texas 78701

gary@prustlaw.com

/s/ Tracy D. Cluck

TRACY D. CLUCK

CERTIFICATE OF WORD COUNT

I certify that the pertinent porti on of this Motion for Temporary Relief is

comp rised of approximately 574 words.

/s/ Tracy D. Cluck

TRACY D. CLUCK