October 1 5, 201 5 

Vivian Long, Court Clerk ~ ~ l tE IT\\ 

Seventh Court of Appeals 5 ~ 

R E : ReP 1 Y to State ' s R e s p on s e o f Man dam us petit · 0 n OCT 2 3 201 

C 0 A C a s e N o : 0 7 -1 5 - 0 0 1 3 9 - C R a n d 0 7 -1 5 - 0 0 2 9 3 -s~~NTH COURT OF f:KEALS 

T r . C t . C a s e N o : D -1 - D C -1 2 - 9 0 4 0 5 6 VIVIAN LONG, Ct. 

Ms. Long and staff, 

Enclosed is my reply to the State's response of my mandamus 

petition, and its supporting documents. Please file these documents, bring it to the attention of the Court, and set this cause 

of action before the presiding judge(s) for ruling. 

Upon filing, plsase provide me a date-stamped copy. Thank 

You for your assistance and prompt response to this important matter. 

Respgctfully, 

~~ Donald Aekins, pro se #1820499 

Connally Unit 

899 FM 632 

Kenedy, Texas 7 811 9 

cc: file, Travis Cnty Dist Atty 

Enclosures 

*Special Note - the only copy of Exhibit 1 was sent with the 

7th C.O.A. package. 
IN RE 

DONALD AEKINS 

COA CASE NO. 07-15-00293-CR 

IN THE 

COURT OF APPEALS 

SEVENTH DISTRICT OF TEXAS 

AMARILLO, TEXAS 

§ 

§ 

§ 

REPLY TO STATE'S RESPONSE 

IE ~ [L LE rRl tr OCT 23 2015 ~ SEVENTH COURT Of APPEt'ILS 

VIVIAN LONG, CLERK 

RELATOR 

OF RELATOR'S PETITION FOR WRIT OF MANDAMUS 

TO THE HONORABLE COURT OF APPEALS: 

COMES NOW, Donald Aekins, relator pro se and files his reply 

to the State's response to his petition for writ of mandamus, in 

accordance with Tex.R.App.P. 52.5. 

The State submitted their response on August 17, 2015. 

Aekins was never provided a copy of their response until October 

15, 2015; courtesy of the Seventh Court of Appeals. 

1. On July 22, 2015, Aekins filed a petition for writ of mandamus seeking relief against Judge Brenda Kennedy of the 403rd 

District Court for, failure to rule or set for hearing Aekins' 

pending motions: 

a) Motion to Supplement Appellant Record 

b) Motion for Free Appellate Record; and 

c) Motion for Appointment of Counsel on Appeal. 

2. The Court requested the State include whether the Court has 

jurisdiction to address Aekins' mandamus petition. Within this 

argument, Aekins contends that: 

a) due to the trial court's failure to rule on these motions; 

b) the dependency of his DNA appeal on these motions; and 

c) the fact that theA Texas Supreme Court has already assigned the Court to th~DN~ppeal, Aekins accordingly filed this 

mandamus petition ~ith the Court. 

Page 1 of 3 
3. The State alleges that, Aekins has not filed with the petition 

a certificate or sworn documents material to his claim for relief. 

Whereinfact, Aekins will show that a "Certificate of Service" in 

accords with Tex.R.App.P. 9.5(d),(e), an "Inmate Unsworn Declaration" in accords with Tex.Civil Practices & Remedies Code 132.001 

- 132.003, and a cover-letter requesting a ruling were filed with 

each motion. See (mandamus appendices - 1 (b), 2(b), 3(b)); (Clerk 1 s 

and Appellate Record). Thus, Aekins did fulfill the requirements 

of Tex.R.App.P. 52.7(a)(1) which state in part; "Relator must file 

with the petition a certified or sworn copy of every document ... ". 

Aekins certificates accompanying his motions and petition are much 

the same as the "Certificates of Service'' the State used in its 

Response; which also is without a "Sworn Declaration". 

4. The State also claims that, Aekins failed to show that he made 

a demand for performance and that the trial court refused such a 

request. Aekins has met these prerequisites of entitlement. 

See (mandamus petition, pg 4-6); see In re Aekins (COA No. 03-15-

00004-CV, Opinion pg 3); see also (Exhibit 1 - letter requesting 

ruling); In Aranda v Dist Clerk the Court held, "Failure to rule 

is refusal.". Id 207 SW3d 785 (TxCrApp). 

*Special Note - Aekins can not be faulted for the Travis County 

District Clerk's failure to provide him with a date-stamped copy 

of the filed documents; as requested in each action's cover-letter. 

SUBMITTED and SUBSCRIBED on this the u;1h day of October 2015. 

Respectfully submitted 

C@~.~ 

Page 2 of 3 
DECLARATION 

"I, Donald Aekins, TDCJ #1820499, presently incarcerated 

in the Texas Department of Criminal Justice Correctional Institutions Division at the Connally Unit in Karnes County, Texas, 

declare under penalty of perjury under Chapter 132 of the Texas 

Civil Practices and Remedies Code and 28 U.S.C. § 1746, that 

the facts stated in this Reply to State's Response are true 

and correct and that I placed this document in the prison 

mailbox on this date." 

11 Executed on this the ~day of 2 01 5. II 

C£l~o.~~1:.tv Donald Aekins -# 1820499 

CERTIFICATE OF SERVICE 

I certify that on this the \..~day of e-~t.RJ\... 2 01 5 , I 

served the following parties with a true and correct copy of this 

Reply to state's Response by U.S. Mail through the prison mailbox 

in a postage paid package to the addresses written below: 

Seventh Court of Appeals 

P.O. Box 9540 

Amarillo, 

Attn: 

Texas 79105-9540 

Vivian Long, Court Clerk 

Travis County District Attorney 

P.O. Box 1748 

Austin, Texas 78767 

Attn: Rosa Theofanis, Asst. Dist. Atty. 

Cf0enoDcl Donald Aekins ~m>v ~0499 

\ 

Page 3 of 3 
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