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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 Relief pursuant to TEX. R. APP. P. 52.10. In support of his motion, 

Relator would show the Court as follows:

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

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

the trial court removing his appointed trial counsel.

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

proceedings in the court below.

3. Respondent has set the underlying 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

CLERK

 RECEIVED COURT OF CRIMINAL APPEALS 8/26/2015 ABEL ACOSTA, CLERK 
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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 determined 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 order removing his attorney.

6. For these reasons, Relator requests this Court to issue an order staying 

the underlying proceedings.

WHEREFORE, PREMISES CONSIDERED, Relator respectfully requests 

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

other and further relief to which Relator may show himself to be justly and 

equitably entitled.

Respectfully submitted,

/s/ Tracy D. Cluck

___________________________

TRACY D. CLUCK
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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 parties by expedited means, by emailing 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. CLUCK
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CERTIFICATE OF SERVICE

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

been served on the following parties, by e-mail, on August 25, 2015:

Honorable Evan Stubbs

424th Judicial District Court

1701 E. Polk St., Ste. 74

Burnet, Texas 78611

424distjudge@gmail.com

Hon. Wiley B. “Sonny” McAfee

33rd & 424th 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 portion of this Motion for Temporary Relief is 

comprised of approximately 574 words.

/s/ Tracy D. Cluck

TRACY D. CLUCK