CAUSE NO. 1278565-A EMERSON HANDY § IN THE #1792077 § 

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## 2015 § v. § § § HARRIS COUNTY, DISTRICT CLERK: § DISTRICT

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## 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

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__ .......**~**..- 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 recitingthe 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. 

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### 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



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... District Clerk, Harris no issues to be County may be served at her/his place of business ,at

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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
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# 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)--.,

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### '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.

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## d~Jy.sV~o.ll1t;;Q!'l. CAUSE NO. 1278565-A
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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 " "

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### ,, 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

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

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

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### 'W_/_,- My Commission Expir!!s • • ··.-:--:..**c·~·>** 07-09·20 1a • 

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# ~~~· Notary public in and for the State of Texas 

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