CAUSE NO. 

IN THE 

COURT OF CRIMINAL APPEALS 

AUSTIN, TEXAS 

LEONARD RAY JACKSON, relator RECEIVED IN 

COURT OF CRIMINAL APPEALS 

v. 

MAY 18 2015 

BEXAR COUNTY DISTRICT CLERK 

IN HER OFFICIAL CAPACITY,respondent 

Abe~ Acosta, Clerk 

TRIAL CAUSE N0.2002CR5940 

BEXAR COUNTY 

PLANTIFFS ORIGINAL APPLICATION FOR 

WRIT OF MANDAMUS 

TO THE HONORABLE JUDGES OF SAID COURT: 

COMES NOW, LEONARD RAY JACKSON,relator,pro-se in the above styled 

and numbered cause of action and files this ORIGINAL APPLICATION 

FOR WRIT OF MANDAMUS, pursuant to the TEXAS CODE OF CRIMINAL 

PROCEDURE, and would show the court the following: 

I. 

RELATOR 

1.01 LEON.~RD RAY JACKSON,TDCJ0ll44255 is an offender incarcerated 

in the WALLACE UNIT, 1675 s.fm 3525,COLORADO CITY,TX.79512. 

1.02 RELATOR has exhausted his remedies and has no other adequate 

remendy at law. 

1.03 THE act sought to be compelled is ministerial, not discretionary in nature T.C.C.P. art.2.21 DUTY OF CLERKS requires 

respondent to immediately transmit to the court any motions 

filed under T.C.C.P. 2.2l(a)(l). HAD such documents been 

transmitted to the court by respondent as required by 

statute, relator would have received notice from the court. 

P.l 
II. 

RESPONDENT 

2.01 Respondent, LIZZA MORENO, in her capacity as district clerk 

of BEXAR COUNTY,TEXAS. Has a ministrial duty to receive and 

file all papres in a criminal proceeding, and to perform all 

other duties imposed on the clerk by law pursuant to T.C.C.P 

art.2.21, and transmit to the court, any and all motions, 

answers filed, and certificate reciting the date upon which 

that finding ~as made by the convicting court. LIZZA MORENO, 

DISTRICT CLERK, may be served at her place of business at 

the following address, JUSTICE CENTER TOWER, 300 DOLOROSA ST 

4th FL.,SAN ANTONIO, TEXAS 78205. 

III. 

VIOLATIONS OF ART. 2.21 OF THE TEXAS CODE OF CRIMINAL PROCEDURE 

3.01 The respondent violated art. 2.21 of the T.C.C.P. by failing 

to present to the court relator's motion received on 1/26/15 

@ 3:42pm, by certified mail receipt ps form 3811, article# 

7014/0150/001/7821/4427, any answers filed, and a certificate 

reciting the date upon which that finding was made by the 

court within the time prescribed by law and within a reasonable time from the date on which the documents were requested 

to be transmitted. 

3.02 Request for the relator's motion, any answers filed, and a 

certificate reciting the date upon which that finding was 

made, were made by relator to LIZZA MORENO,DISTRICT CLERK,by 

certified mailed letter's dated 1/23/15; pursuant to art.2.21 

true and correct copies of the above letter's are attached 

hereto as exhibit's A-D and are incorporated by reference 

herein for all purposes. 

3.03 To date the relator has received no response from respondent 

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

MOTION FOR FULL ACCESS TO DISTRICT ATTORNEY FILES, any answers 

filed, and a certificate reciting the date upon which that 

finding was made by the court. 

3.04 As is clear from relator's letters, relator has repeatedlly 

put respondent on notice that relator seek's the hearing of 

his motion, any answers filed, and a certificate reciting the 

date upon which that finding was made by the court. relator 

has gone well beyond any requirement or obligations imposed 

upon him by the TEXAS CODE OF CRIMINAL PROCEDURE. In contrast 

to relator's efforts, respondent, has wholly failed to comply 

with the TEXAS CODE OF CRIMINAL PROCEDURE, art. 2.2l(a)(l), 

P.2 
is acting in bad faith, and has failed to afford relator 

the professional and common courtesy of any written responses 

to his correspondence and request. 

3.05 AEticle 2.2l(a)(l) clearly states "In a criminal proceeding,a 

clerk of the District or County SALL: receive and file all 

papers [emphasis added]." Failure' of respondent to present the 

motion to the court violates the T.C.C.P. 2.2l(a)(l) and also 

state law as cited in state ex rel RODRIGUEZ V. MARQUEZ, 4 

S.W.3d 227(Tex.Crim.App.l999)-to obtain mandamus relief from 

this court, a relator must show:(l)a "clear" right to relief 

usually when the judicial conduct in question violates a 

"minsterial" duty, and (2) no adquate remendy at law to redress 

the alleged harm. see BUNTION v. HARMON, 827 S.W.2d 945,947 

(Tex.Cr.App.l992). Respondent is in violation of this procedure, 

ministeral duties, and the laws of the state. 

PRAYER 

Wherefore,Premises Considered, relator LEONARD RAY JACKSON,pro-se, 

respectfully request a finding that the respondent did not present 

the MOTION to the court that relator brought this litigation in 

good faith and substanta~ly prevailed. Relator prays for an ORDER 

directing respondent to present the MOTION FOR FULL ACCESS TO 

DISTRICT ATTORNEY FILES to the court, any answers filed, and a 

certificate reciting the date upon which that fjnding was made to 

the court as directed in T.C.C.P. 2.2l(a)(l) and as requested in 

relator's letters (EXHIBITS A-D). 

P.3 

RESPECTFULLY SUBMITTED, 

LEONARD RAY JACKSON 

TDCJ#ll44255 

WALLACE UNIT 

1675 s.fm 3525 

COLORADO CITY, TX.79512 
AFFIDAVIT 

I, LEONARD RAY JACKSON,TDCJ#ll44255, DO HEREBY SWEAR UNDER PENALTY 

OF PERJURY, THAT THE FOREGOING INFORMATION IN THIS MOTION IS TRUE 

AND CORRECT TO THE BEST OF MY MEMORY. 

/ 'Ll£d AA EXECUTED ON THIS THE ~-~~~----·--__ DAY OF ~./~v~~~~y~ _________ ,20l5. 

eERTIFICATE OF SERVICE 

I HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ABOVE 

APPLICATION FOR WRIT OF MANDAMUS WAS SERVED ON LIZZA MORENO, AT 

JUSTICE CENTER TOWER~300 DOLOROSA ST. 4th FL., SAN ANTONIO, TEXAS 

78205,BY PLACING A COPY IN THE U.S. MAIL POSTAGE PRE-PAID, ON 

THIS THE j-]12?! DAY OF .e1A(' , 2015. 

~~---------

P.4 
CAUSE N0.2002CR5940 

STATE OF TEXAS § 

§ 

§ 

IN THE DISTRICT COURT OF 

v. BEXAR COUNTY,TEXAS 

LEONARD RAY JACKSON 175th JUDICIAL DISTRICT 

MOTION FOR FULL ACCESS TO DISTRICT ATTORNEY FILES 

TO THE HONORABLE JUDGE OF SAID COURT: 

COMES NOW,LEONARD RAY JACKSON,PETITIONER IN THE ABOVE CAUSE AND 

FILES THIS MOTION FOR FULL ACCESS TO THE DISTRICT ATTORNEY FILE'S 

AND WOULD SHOW THE COURT THE FOLLOWING: 

I. 

THE PETITIONER IS CURRENTLY BEING HELD AT THE TEXAS DEPARTMENT OF 

CRIMINAL JUSTICE,WALLACE UNIT,l675 s.fm 3525,COLORADO CITY,TEXAS 

79512. 

II. 

PETITIONER REQUEST A FULL AND COMPLETE COPY OF THE DISTRICT 

ATTORNEY'S FILE IN CASE NO. 2002CR5940, UNDER THE TEXAS PUBLIC 

INFORMATION ACT(FORMALLY THE TEXAS OPEN RECORDS ACT);. REFERR TO 

CREEL V. DIST.ATTY.FOR MEDINA COUNTY,818 S.W.2d 45(Tex.l991). 

III. 

REGUARDING COST OF GATHERING AND PRODUCING THE REQUESTED PUBLIC 

INFORMATION, YOU ARE TO DETERMINE THE LEAST EXPENSIVE METHOD OF 

PROVIDING SUCH DISCLOSURE, AND YOU MUST COMPLY WITH THE GENERAL 

SERVICES COMMISSION IN DETERMINING YOUR CHARGES, IF ANY (TEX.GOV. 

CODE§552.262). THE CHARGES FOR PROVIDING COPIES OF PUBLIC INFORMATION MAY NOT BE EXCESSIVE AND MAY NOT EXCEED THE ACTUAL COSTS 

OF PRODUCING THE INFORMATION OR FOR MAKING PUBLIC INFORMATION 

THAT EXISTS IN A PAPER RECORD AVAILABLE (TEX.GOV.CODE§552.262[a]). 

YOU MUST ALSO MAKE REASONABLY EFFICIENT USE OF SUPPLIES AND OTHER 

RESOURCES TO AVOID EXCESSIVE REPRODUCTION COST (TEX.GOV.CODE§552. 

268). 

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PRAYER 

WHEREFORE,PREMISES CONSIDERED, PETITIONER PRAYS THAT THIS COURT 

GRANT THIS MOTION AND ORDER THE DISTRICT ATTORNEY TO COPY .HIS 

FILE THAT DEAL'S WITH THE VICTIM'S RELATIONSHIP TO THIS PETITIONER AND REQUEST AN ITEMIZED LIST FO~ COST. 

I HEREBY CERTIFY 

FOREGOING MOTION 

WAS DELIVERED TO 

COUNTY,TEXAS, ON 

RESPECTFULLY SUBMITTED, 

COLORADO CITY,TEXAS 79512 

CERTIFICATE OF SERVICE 

THAT A TRUE AND CORRECT COPY OF THE ABOVE AND 

FOR FULL ACCESS TO THE DISTICT ATTORNEY'S FILES 

THE OFFICE OF THE DISTRICT ATTORNEY FOR BEXAR 

')? ;t.'> - THIS THE cz<.;?- DAY OF Jct,..i....!d-&'1 , 201_5'". ~ 

CKSON,petitioner 

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SENDER: COMPLETE THIS SECTION . ' ' ,. ,, 

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1. Article Addressed to: 

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