October 15, 2015 Vivian Long, Court Clerk



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# l tE IT\\ Seventh Court of Appeals 

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**~** R E : ReP1Y to State' s R e s pons e o f Mandamus petit· 0n

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# 201 C0A C a s e N o : 07-15 -00139- C R a n d 07-15 -00293



### -s~~NTHCOURTOFf:KEALS T r . C t . C a s e N o : D -1- D C-12 - 904056 VIVIANLONG,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,



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Donald Aekins, pro se #1820499 Connally Unit 899 FM 632 Kenedy, Texas 78119

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 

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SEVENTHCOURTOfAPPEt'ILS VIVIANLONG,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 33. 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 1s 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



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### 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."
11Executed on this the



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Donald Aekins -# 1820499


### CERTIFICATE OF SERVICE I certify that on this the



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# e-~t.RJ\... 201 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. 

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**~m>v**

Donald Aekins

**~0499**

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