### Mr. Ervin Kay TDCJ #1331828 DarringtonUnit Rosharon, Tx. 77583

TEXAS COURT OF CRIMINAL APPEALS Attn: Court Clerk P.O. Box 12308 Capitol Station Austin, Tx. 78711

### ~

## 3,

# -=1-ro-o1
August 3, 2015 

## RECEiVEDIN COURTOF**CR!~mNAL**

### APPEALS 

## AUG072il15 

## AbetAtosta,Clerk

Re: ENCLOSED "PETITION FOR WRIT OF MANDAMUS", CHALLENGE
.TO THE 262ndJUDICIALDISTRICT COURT, CauseNo. 1028331& 1028332 

### Dear Court Clerk: Enclosed, please find an Original Copyof.Relator's, "Petition ForWrit OfMandamus" to be filed before the Court, seeking to compel the lower court to alter anunwarranted five (5) year delay andRule on the Constitutional Merits ofhis post-trial Claims, advanced inhis 11.07., currently pending. Please file said 'Mandamus• before the Court, having the appropriate Jurisdiction over the same, at the Court's earliest convenierice. Yourhelp 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 Relatorpro Se TDCJ #1331828

### Cause No.

ERVIN KAY, (Relator)

vs. Hon. DENISE BRADLEY, Judge 262ndJudicialDistrictCourt,§

§


### (Respondent) § 

### InTheTexas Court

Of CriminalAppeals

Travis County, Texas

PETITIONFOR WRIT OFMANDAMUS



### ChallengeTo CauseNo. 1028331& 1028332 InThe 262ndJudicial 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", ingood faith, contending Due Process and the interest of justicewould bestbe servedby this Court Granting the same, and in support thereof, your Relator would present the following:

I. 

### JURISDICTION That this Honorable Court has Jurisdiction toentertain said 'Petition' pursuant to Art. 22.221, et.al., Government2 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 Petitionbefore 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 implementedmore 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 at3 law to advance the Constitutionalmerits of:his claims towards resolution, save for the filing of thishis 'PetitionForWrit 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 ofhis confinement, contending, inter alia, his plea was rendered involuntarily, unknowingly and unintelligently, due to 'mental impairment' and Counsel's, JEROME GODINCH, 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 ofhis claims, as requiredby the provisions of Art. 11.07 Sec. 3, et.al., save for the advancement of thishis 'PetitionForWrit ofMandamus.'
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 process4 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 isjust andproper, including the Ordering of an 'EvidentiaryHearing' 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 soprayed for.
Respectfully submitted,

ERVIN KAY Relator Pro Se TDCJ #1331828 DarringtonUnit Rosharon, Tx. 77583AFFIDAVIT
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 11PETITION 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

# '3G day ofwith 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 DarringtonUnit Rosharon, Tx. 77583