CAUSE NO. 1278565-A 

EMERSON HANDY § IN THE 

#1792077 § 

'83, -gor czs -o I 

RECEIVED IN 

COURT OF CRIMINAL APPEALS 

JUD &Ei'At 6 2015 

§ 

v. § 

§ 

§ 

HARRIS COUNTY, DISTRICT CLERK: § 

DISTRICT cou&P~~costa, Clerk 

HARRIS COUNTY, TEXAS 

"PLAINTIFF'S ORIGINAL APPLICATION 

FOR WRIT OF MANbAMUS:" 

TO THE HONORABLE JUDGE.OF SAID COURT: 

Comes now Emerson Handy, Relator, pro-se in the above-styled 

and numbered cause of action and files this original application for· ·writ of mandamus pursuant to the court article 11.07 

section 3 (c) of the Texas Code of Criminal Procedure, and would 

show_the court the following: 

I. '~-~:\\:;,"'"'·- ·'-&, ';_ 

Emerson Handy, TDCJ #1972077 is an offender incarcerated in 

the Texas Department of Criminal Justice and is appearing prose, who can be located at the Wayne Scott Unit A-1-21, 6999 ..... 'l,,r:.!>.,..,..._ __ ....... ~ .. -

Retrieve Rd. Angleton, Texas 77515. Relator has exha~sted his 

remedies and has no other adequate remedy at law. The act sought 

to ~be compelles is min~sterial, not discretionary in nature. 

V.A.C.C.P., art. 110.7 section 3 (c) requires respondent to 

immediately t~ansmit to the Court -of Criminal Appeals a copy 

of the application for writ of habeas corpus, any answers filed 

and a certificat~ reciting the date upon which that finding 

was made, if the convicting court decides that there are no 

issues to be resolved. No copy of the application for writ 

of habeas corpus, any answers filed, and a certificate reciting 
the date upon which that finding was made have been transmitted to the Court of Criminal Appeals. Had such documents 

been transmitted to the Court of Criminal Appeals by respondent 

as required by state, ~elator would have received notice from 

the Court of Criminal Appeals. 

ii. 

DAtJ,'rL _ & at£ II in. her /his capacity as District 

Clerk of Harris County, Texas has a ministerial duty to receive 

arid file _all paper's in a criminal proceeding and perform all 

other duties imposed on the clerk by law pursuant to V.A.c.c.P., 

-•. 

2.21, and is re~ponsible under V.A.C.C.P., ll.07 section 

3 (c) to immediately transmit to the Court of Criminal Appeals 

a copy of the application for Writ of Habeas Corpus, any answers 

and certificate reciting the date upon which that finding was made if the convicting court decides th~t there are 

. ,\· c J.J~_;_s _ . o i:i JJ; .c.L 

no issues to be resolved.-. ... District Clerk, Harris 

County may be served at her/his place of business ,at ftMR;~ 

~+.:.II.J...f'---~Texas, 7 7 2/0-C/ros /. 

IIT. 

V~Qlation of Article 11.07 of 

The respondent violated article 11.07 section 3 (c) of 

the V.A.c.c.P., by failing to provide a copy of the application 

for writ of habeas corpus, any answers filed, and a certificate 

reciting the date upon which that finding was made to the Court 

of Criminal Appeals within the time prescribed by law and within a reasonable time from the date on which the documents were 

requested to be transmitted. 

Requests for the transmittal of the application for Writ 

{ 1 ) 
of Habeas Corpus, any answers filed, and a certificate -·-

reciting the date upon which that finding was made, were made 

'>. CUR;s o~ M1° E L 

by relator to ~ , District Clerk, Harris County, 

' by certified mailed Letters date 12-16-2014: pursuant to article 11.07 section 3 (c) of the Code of Criminal Procedure. 

True and accurate copies of the above letters are attached hereto 

as exhibits "A" through " " and are incorporated by reference 

herein. for all purposes. 

To date, relator has received no response from respondent 

regarding relator's request for transmittal of a copy of the 

application for Writ of Habeas Corpus, any answers filed and 

a c~rtificate reciting the date upon which that habeas corpus, 

any answers filed,and.acsrtificate teciting the date upon which 

that finding was made to the Court of Criminal Appeals. 

As is clear from relator's letters, relator has repeatedly 

put respondent on notice that relator seeks the transmittal 

of copy of the application for writ of habeas corpus, any answres filed, a certificate reciting the date upon which that finding was made to the Court of Criminal Appeals and that such 

records are required by the Court of Criminal Appeals to act 

on relator's writ of habeas corpus. Relator has gone well beDyond any requirement or obligations imposed upon him by the 

Texas Code of Criminal Procedure. / 

In contrast to relator's article ll.Q7 secction 3 (c) is 

acting in bad faith, and has also failed to afford relator the 

professional and common courtesy of any written respone's to 

his correspondence and requests. 

Article 11.07 section 3 (c) clearly states that "[i]f the 

( 2) 
--., 

.• 

'convicting court decides that there are no such issues, 

the clerk shall immediately ·transmit [emphasis added] to the 

Court of Cri~in~l Appeals a copy of the application, any answers filed, and a certificate reciting the date upon which that 

finding was made. Failure o£ the court to act within the allowed 20 days shall constitute such a finding. Texas Code of 

Criminal Procedure article 11;07 section 3 (c) respondent is 

in violation of this proced~re, ministerial· duties, and thus 

the laws of this state. _T_N_Rf.' AB-"kaR. L!\Mo_tJ_I~1iJd,le:-Jl;J&/&. -a-Y3-=.l!:L1_~~j._ __ 

MANJ.A.M-lJ>_ (a_€ _I±M~p_i~LI._D]__Ct . .C~g;_;~.ll.eP-.__fkloJ?E lhi E>t{21_~Eho;J ol if! d~Jy.sV~o.ll1t;;Q!'l. 

CAUSE NO. 1278565-A . 

Prayer For Relief 

WHEREFORE, . PREMISES CONSIDERED, Relator Emerson Handy~~ 

pro-se, respectful1y requests a finding that the respondent 

did not transmit documents to the Court of Criminal Appeals 

within a reasonable time . after the date they were requested 

and tha~ relator brought this 1itigation in good faith and.has 

substantially prevailed. Relatbr pray~ FOR AN ORDER DIRECTING 

RESPONDENT TO TRANSMIT COPY OF THE APPLICATION FOR WRIT'OF HABEAS 

CORPUS, any answers filed, arid a certificate reciting the date 

upon which that finding was made to the Court of Criminal Appeals as directed in article 11/07 ~ection 3 (c) of the Texas 

Code of Criminal Procedure and-as requested in relator's letters 

(Exhibits "A" through " " 

( 3) 
,, 

CAUSE NO. 1278565-A 

Emerson Handy 

TDCJ7ID #1792077 

v. 

Harris County District Clerk: 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Order 

IN THE !79th JUDICIAL 

DISTRICT COURT OF 

·Harris County, Texas 

On this day, came on to be heard the foregoing relator's 

application for writ of Mandamus and it appears to the court 

that the same should be 

Granted 

It is therefore ORDERED that the District Clerk shall immediately transmit to the Court of Criminal Appeals a copy of 

the application for writ of habeas corpus, any answers filed, 

and a certificate reciting the date upon which that transmittal 

was made·. 

Signed on this the day of I 2015. ------------------~ 

Presiding Judge 
CAUSE NO. 1278565-A 

The State of Texas § 

§ 

County of Harris § 

Affidavit 

I swear under oath that the facts and allegations in the 

above application for writ of Mandamus are true and correct. 

Emerson Handy 

Relator 

Signed under oath Before me on this the ~Day of _ 

~\A~ , 2015. 

• • • • • • • • • • • • • • • • • • • • • • • • • 

·e-·-- . • -·:::::-.... :.:_-_,_ CAROL M. JENNINGS• 

: .;:_(A··y: Not~ry Public. Stat!! of T.exas : 

• -~:-... 'W _/_,- My Commission Expir!!s • 

. 

• · ·.-:--: .. c·~·> 07 -09·20 1 a • - - . ·····~··················· 

~~~· 

Notary public in and for 

the State of Texas 

Qa..ro I N\.:J:ef"\n in§"> printed or typed name 

MY COMMISSION EXPIRE 

Certificate of Service 

---~I--'-h"-e~r~e~b..._Y_,......._c~e.;;;...r~t...;;;i...;;;f:.....~Y.__~t-'h-'-a-'t'--a'-'-...;;t-"r-'u-'e'--c.;;;.....:..o..._p .... y__,o:_;f;;;..._,;:t _he above _A p p ll_S: at· 

for Writ of Mandamus was served o~ 'WR;i Q~t{;tir by "placing 

a copy in the u.s. mail addressed to: MR . Abt: I Aea,s~n '. CJER \.:__ 

. 'I£';<'A.5 'lb'7fl PD. 8o'Jt L 23 ~ f' A:t.stiJ\{ on this the ~ day of __ s~·-----' 2015. 

/s/ !:r,1gM-!91,1 ~ ~. relator ·r