Mr. Ervin Kay 

TDCJ #1331828 

Darrington Unit 

Rosharon, Tx. 77583 

TEXAS COURT OF CRIMINAL APPEALS 

Attn: Court Clerk 

P.O. Box 12308 

Capitol Station 

Austin, Tx. 78711 

~ 3, -=1-ro-o 1 

August 3, 2015 

RECEiVED IN 

COURT OF CR!~mNAL APPEALS 

AUG 07 2il15 

Abet Atosta, Clerk 

Re: ENCLOSED "PETITION FOR WRIT OF MANDAMUS", CHALLENGE . TO 

THE 262nd JUDICIAL DISTRICT COURT, Cause No. 1028331& 

1028332 

Dear Court Clerk: 

Enclosed, please find an Original Copy of .Relator's, "Petition 

For Writ Of Mandamus" to be filed before the Court, seeking to 

compel the lower court to alter an unwarranted five ( 5) year 

delay and Rule on the Constitutional Merits of his post-trial 

Claims, advanced in his 11.07., currently pending. Please file 

said 'Mandamus• before the Court, having the appropriate 

Jurisdiction over the same, at the Court's earliest 

convenierice. Your help in filing said 'Mandamus' before the 

Court, having the appropriate Jurisdiction over the same, at 

the Court's earliest convenience, would ·. be greatly 

appreciated. By copy of this letter and the enclosed 

'Petition', I am forwarding a copy of the same to the 

Respondent, Hon. DENISE BRADLEY, Judge, 262nd Judicial 

District Court, Harris County, Texas~ 

Sincerely, 

Ervin Kay 

Relator pro Se 

TDCJ #1331828 
Cause No. 

ERVIN KAY, 

(Relator) 

vs. 

Hon. DENISE BRADLEY, Judge 

262nd Judicial District Court, 

§ 

§ 

(Respondent) § 

In The Texas Court 

Of Criminal Appeals 

Travis County, Texas 

PETITION FOR WRIT OF MANDAMUS 

Challenge To Cause No. 1028331& 1028332 

In The 262nd Judicial District Court 

Harris County, Texas 

TO THE HONORABLE JUDGES OF SAID COURT: 

PLEASE TAKE NOTICE, that COMES NOW, ERVIN KAY, Relator, 

Pro Se, in the above styled cause, files this his "Petition 

For Writ Of Mandamus", in good faith, contending Due Process 

and the interest of justice would best be served by this Court 

Granting the same, and in support thereof, your Relator would 

present the following: 

I. 

JURISDICTION 

That this Honorable Court has Jurisdiction to entertain 

said 'Petition' pursuant to Art. 22.221, et.al., Government 
2 

Code, Art. 1 Sec. 10, Texas Constitution; U.S.C.A., Amend. 5; 

14. 

II. 

PROCEDURAL HISTORY 

That your Relator was charged with the Offense of 

Aggravated Robbery. Judgment was rendered against Relator 

September 29, 2005. Direct Appeal was advanced in the 14th 

Court of Appeals, located in Harris County, Texas. Relator 

subsequently filed a State habeas Petition before the Court, 

262nd Judicial District Court, Hon. MIKE ANDERSON, on January 

7, 2010. Relator challenged the Constitutionality of his 

confinement on the grounds of· • Involuntary Plea •; and 

• Ineffective Assistance of Counsel. • 

provisions of Art. 11.07 Sec 3, et.al., 

'Designated Issues To Be Resolved'. 

Issues To Be Resolved •, consisting of 

Pursuant to the 

V.A.C.C.P., the State 

Said • Designation of 

seven (7) distinct 

points for resolution, was signed by the Trial Court, and 

implemented more than five ( 5) years ago. As of this date, 

the 'Designation Of Issues • has yet to be resolved, pursuant 

to the provisions of Art. 11.07 Sec. 3. 

III. 

MINISTERIAL ACT 

That your Relator asserts the act he seeks is wholly 

• Ministerial'. Moreover, your Relator has no other remedy at 
3 

law to advance the Constitutional merits of :his claims towards 

resolution, save for the filing of this his 'Petition For Writ 

Of Mandamus. ' See In Re Jackson, 238 S. W. 3d 603, 605-606, 

(Tex. App. - Waco 2007}; Padieu v. Court Of Appeals, 392 

s.w. 3d 115, (Tex. Cr. App. 2013); Government Code, 

Art. 22.021, et.al.; u.s.c.A., Amend. 5; 14. 

IV. 

UNREASONABLE DELAY 

That your Relator challenged the Constitutionality of his 

confinement, contending, inter alia, his plea was rendered 

involuntarily, unknowingly and unintelligently, due to 'mental 

impairment' and Counsel's, JEROME GOD INCH, rendering of 

unreasonable, ineffective assistance of Counsel. More than 

five (5) years has elasped since the 'Designation Of Issues' 

to be resolved. Said delay, in ·resolving Relator's factual 

allegations, is unreasonable. Relator has no other way to 

compel the speedy resolution of his claims, as required by the 

provisions of Art. 11.07 Sec. 3, et. al., save for the 

advancement of this his 'Petition For Writ of Mandamus.' 

WHEREFORE, PREMISES, ARGUMENTS and AUTHORITIES 

CONSIDERED, your Relator prays and respectfully urge for this 

Honorable Court to Grant said 'Mandamus', to accord Relator 

the speedy resolution of his claim, in the interest of 

justice. Relator further prays this Court would determine the 

five ( 5) year delay is unreasonable, and that due process 
4 

would be best served by this Court compelling resolution of 

the same. Alternatively, your Relator prays for whatever 

other, further or different relief this Court deemed is just 

and proper, including the Ordering of an 'Evidentiary Hearing' 

to address the Constitutional Merits of Relator's Post-Trial, 

unresolved allegations of facts, material to the legality of 

his confinement, that warrants resolution to determine whether 

or not your Relator is patently confined in breach of the 

United States and Texas Constitution, in the interest of 

justice. It is so prayed for. 

Respectfully submitted, 

ERVIN KAY 

Relator Pro Se 

TDCJ #1331828 

Darrington Unit 

Rosharon, Tx. 77583 
AFFIDAVIT 

PURSUANT TO TITLE 6, CHAPTER 132, V.T.C.A., CIVIL PRACTICE 

AND REMEDIES CODE, AND 28 U.S.C. § 1746: 

I, ERVIN KAY, Relator Pro Se, being currently confined in 

the Texas Department of Criminal Justice Institutional 

Division, at the Darrington Unit, located here in Brazoria 

County, Texas, have read the foregoing 11 PETITION FOR WRIT OF 

MANDAMUS 11 , seeking to compel the Lower Court to respond, 

hereby DEPOSE AND DECLARE under the pain and penalties of 

PERJURY the foregoing • Petition For Writ Of Mandamus • is true 

and correct to the best of Relator's belief and knowledge. 

EXECUTED ON THIS THE --1.~"" DAY OF 4~~ 

ERVIN KAY 

Relator Pro Se 

TDCJ #1331828 

Darrington Unit 

Rosharon, Tx. 77583 

I 2015. 
CERTIFICATE OF SERVICE 

I, ERVIN KAY, Relator, Pro Se, files this his "PETITION 

FOR WRIT OF MANDAMUS", in good faith, and in the interest of 

justice, seeking to have the Higher Court compel the lower 

court to address the Constitutional Merits of his claims, 

hereby CERTIFY a true and correct legible copy of the 

foregoing "PETITION FOR WRIT OF MANDAMUS" was served upon 

the below named and listed parties by placing the same in 

the United States Mail, in a wJpper, 

affixed thereto, on this the '3 G day of 

with pre-paid postage 

1. TEXAS COURT OF CRIMINAL APPEALS 

Attn: Hon. ABEL ACOSTA, Clerk 

P.O. Box 12308, Capitol Station 

Austin, Tx. 78711 

2. HARRIS COUNTY COURTHOUSE 

262nd judicial District Court 

Hon. DENISE BRADLEY, Judge 

1201 Franklin St., 15th Fl. 

Houston, Tx. 77002 

~u~:b 2o15. 

Relator, Pro Se 

TDCJ #1331828 

Darrington Unit 

Rosharon, Tx. 77583