### '' 

### \

### \ \

Court of Criminal Appeals PO Box 12308 Austin, 

## ·rx 78711-2308 RE: Wtit of ['llandamus EX PAH.'rE ,JAI'IIES MICHAEL BEATTIE T/C No. 1214470
Dear Court Clerk, October 14, 2015

Please find enclosed my Application For**Wr~t** of Mandamus to compel the Harris County District Clerk to forward the habeas corpus 11.07 file to the

.Court, to be filed and presented to the Court for consideration and hearing. I would request to be notified upon receipt and of any action taken by the Court please. Thank you for your time and assistance in this matter, it is greatly appreciated and welcomed.

enclosure(s): l
cc: file CERTIFIED MAIL NO. 7010(0780 0002 0207 5146



## RECElVEDlN COURTOFCRIMINALAPPEALS 

## OC1192015
AbelAcosta,Clerk Sincerely,

# ·~~.~~ James Nichael Beattie Pro Se TDCJ-ID # 1879331 Smith Unit 1313 CR 19 Lamesa,· Texas 79331EX PARTE IN THE COURT OF-CRIMINAL APPEALS OF TEXAS
NO.**..;:.....--.....;...------~------·------** JAMES MICHAEL BEATTIE T/C NO. 12-14470-A

APPLICATION FOR WRIT OF MANDAMUS
TO THE HONORABLE COURT OF CRIMINAL APPEALs-; COMES NOW, JamesMichael Beattie, Relator Pro Se, in the abOve styled numberedcause, and respectfully files and submits this his Application For Writ of Mandamus, pursuant to Rule 72 of the Texas_ Rules of Appellate Procedure, and would show the Court the following.

RELATOR James Michael Beattie, TDCJ-ID :If 1879331, is an offender incarcerated at the Smith Unit of TDCJ and is appearing pro sei who can be located at 1313 CR 19, Lamesa, Texas 79331. Relator has exhausted his remedies and has no other adequate remedy at law. The act sought to be compelled is ministerial, not discretionary in nature. Texas Code of Criminal Procedure, Article 11.07 requires the Respondent to immediately transmit to the Court of Criminal Appeals a copy of the application for writ of habeas corpus, any answers filed, and certificate reciting the date upon which that finding was made (hereinafter "habeas record"), if the convicting court decides there are no issues to be resolved or at conclusion of resolving issues. Article 11.07 requires the Respondent to mail or deliver to Relator a copy of any answer, motion, order, or other pleading relating to an application for writ of habeas corpus filed by the State's attorney or the Court. Texas Rules of Appellate Proceudre 73.4 requires the Respondent to immediately ' transmit to the Court of Criminal Appeals the "habeas record" at the conclusion of the 180-day period of time to resolve designated issues. The 180-day period of time has expired. No copy of the "habeas record" has been transmitted to the Court of Criminal Appeals, nor delivered to Relator. Nor has there been an extension of time requested or granted. Had such-documents been transmitted the Court of Criminal Appeals would have notified Relator that said record was received and filed. II. RESPONDEN'f Respondent Chris Daniels, in his/her capacity as District Clerk of Harris County, Texas has a ministerial duty to receive and file all papers in a criminal proceeding, and perform all other duties imposed on the clerk by law pursuant to Article 2.21, andic responsible under Article 11.07 and T.R.A.P. 73.4 to perform specific duties relating to an application for writ of habeas corpus. Chris Daniels, District Clerk, Harris County, may be served at his/her place of business at 201 Caroline St., Ste. 420, PO Box 4651, Houston, Texas 77210-4651. III. VIOLATIONS OF ART_ICLE 11.07 AND T-.R.A.P. 73.4 The-Respondent has violated Article 11.07 by failing to provide a copy of tbe "habeas record" to the Court of**Crim~nal** f\ppeals within the time prescribed by law and within a reasonable time from the date on which the documents were requested to be transmitted. The Respondent violated Article 11.07 by failinq to mail or deliver the habeas record to the Relator within a reasonable time from the date on which the documents
were requested to be delivered. The Respondent has violated Rule 73.4 by failinq to provide a copy of the "habeas record" to the Court of Criminal Appeals within the time prescribed by law and within
a reasonable time from the date on which the documents were requested to be transmitted. Requests for transmittal of "habeas record", as well as copy of habeas record to be mailed and delivered to Relator, were made by Relator to Harris County District Clerk Chris Daniels by Certified letters dated September 7, 2015 and October 7, 2015, pursuant to Article 11.07 and Rule 73.4. True and correct copies of the above letters are attached hereto as Exhibits "A" and "B" and are incorporated by reference herein for all purposes. To date Relator has not received no response from Respondent reqardinq Relator's request for transmittal of "habeas reocrd" to the Court of Criminal Appeals or copies to be delivered to Relator. As is clear from Relator's letters, Relator has repeatedly put Respondent on notice that Relator seeks transmittal of "habeas record" to the Court of Criminal Appeals and deliver copies requestedto Relator, duties imposed and required by law. Relator has qone**~ell** beyond any requirements or oblioations imposed upon him by the Code of Criminal Procedure and Rules of Appellate Procedure. In contrast to Relator's efforts, Respondent has wholly failed to comply with the Article 11.07 and Rule 73.4, is acting in bad faith, and has also failed to afford'·· Relator the l?rofessional and common courtesy of any written responses to his correspondences and requests. The duties of the clerk is clearly defined by Article 11.07 and Rule 73.4. The Respondent is in violation of these procedures, ministerial duties and thus the laws of this State.PRAYER FOR RELIBE' WHEREFORE,**~ISES** CONSIDERED, Relator James Michael Beattie, pro se, respectfully requests a finding that the Respondent did not transmit documents to the Court of Criminal Appeals and did not deliver documents to Relator within a reasonable time after the date they were requested and that Relator brought this litigation in good faith and has substantially prevailed. Relator prays for an Order directing Respondent to transmit copy of "habeas record" to the Court of Criminal Appeals and deliver to Relator copies of documents as directed in.Article 11.07 and Rule 73.4 and as requested in Relator's letters (Exhibits "A" and "B").

DATED: OCTOBER 14, 201.5 Respectfully Submitted,

# be~~~~ Relator Pro Se TDCJ-ID # 1879331 Smith Unit 1313 CR 19 Lamesa, Texas 79331

I, James Michael Beattie, declare under penalty of perjury, that the foreqoinq is true and correct, and further certify that a true and correct copy has been served upon Respondent Chris Daniels, PO Box 4651, Houston, Texas 77210-4651 by placing in the Smith Unit/TDCJ Prison Legal Mail System on this the l4th day of October , 2015.

# c:t~~~ 'l'DCJ-ID 

### # 1879331 'l'DCJ/Smith Unit Relator Pro Se

### Ha~ris County District Clerk 

### Po Box 

### 4651 Houston,· Texas.· 772.10-4651

,)-· RE: Habeas 

### Corpue·Afiplication EX PAR'l'E JAMES MICHAEL 

### SEATTlE 

### T/C No. l2l4470-A

Dear 

### District'Clerk,.**Se~tember** 

### 7, 2.015

' I',

-: •I". '·'",·

.,, .: :



### r.cnis le;tt,_er is a 

### formal request for compliance with the duties co(ltainea in Article 

### 11.07 of the**~exas** 

### Code of**Crimi~al Proc~~ure** 

## ana**'l:e~** 

### Rules ot Appel+ate Procedure 73
as· such relates to

## the At>plication for Writ of. Habeas 

### Corpus received

## ·t>Y:'this Oftice on April 7, 2015, that is before the 35lst District Court for determinatic:m

### ana**xuli~.** 

### 'lhe Court onJune 1, 2015 designatE:.'-0 

### one (l)issue tobe resolved• While Art. 11.07 does not provide a 

### statutory f-'eriod of time to resolve such issues, it·shoula be noted 

### the Texas Rules of**A~pellate** 

### Procedure 73 

### orders the habeas court to resolve issues within
' . . 

### 180-day**~riod.** 

### 'l'his pe:dod 

### is to 

### conduct a hearing cu+d 

### issue a written Findings ot Fact and 

### Conclusions of 

### Law, ·thentransnit to the Court of Criminal Appeals a:ttet· 10-day period 

### for oojections.

. . . . 

### As totheabove referenced 

### case, the 180-day period 

### ot time is about to**ex~ire.** I 

### there:t.ore request. that the Court issue its Findifl9S of**~·act.** and 

### Conclusions of Law 

### within the next 30-da)-S 

### from the date of this letter. l 

### further request

__**tha~**

### ·at conclusion of. 

### the

### 30-da~ )?CriOd ot time, the

### ~ntire habeas record, incluoing Application, MerooranamH, Exhibits, Addendum(s), correspendences and 

### any**answe~,** 

### motions,:pleadings, orders, Findings of Fact and Conclusions of 

### Law, and 

### obJections be 

### delivered'to

### me aD 

### the. address belo\1 and 

### t.ransmitted to the Clerk of the Court of Criminal Appeals•. 

### 'Ihanlt you f.or your time a#d assistance in this 1uat.ter, it is greatly apJ:)reciated and we1come6.• 

### i await the Court .ana 

### this ot:fice's actions.

cc: tile CER'IIE'lED 

### MAIL NO. 70100780 0002 0208 0423 \,.._, 

### t\'ncex;·ely, · ·. ·

# ·~~~~

..Jomes f:ilichael Beattie

Applicant Pro Se TDCJ-10 

### i 1879331

. Smith 

### Unit -· ' ' 1313 CR 

### 19 

### Lamesa, Texas 79331\.'·.'**'~:·.·.:** ... ' 'I,..,· 

### ii&:·ris'County Pistrict Clerk

·l?O,Box 4651·· '···' ··' · 

### Houston,**~X** 

### 77210-4651
"': ·'·"j

... : •.·' RE: 

### ·HabeaS·**C~f)~**

### ·.Application..;..;, 2nd 

### Notice

·. EX ·PARTE JAMES 

### t-'iiCHAEL 

### BEA'IT;LE .,

T/C'No. 1214470-A

. '

....,,**D~;ar** 

### Distx·ict:Clerk,

•• ' 1 ' •••• . :. .. ! ·,'' ': 

### October 

### 7, 2015**'~is.letter** 

### is a second**~o~nal** 

### request tor this**Offi~e** 

### and**~e** 

### Court to take·action in 

### t·eso1ving,the issues designated with·regar& to the 

### 11.07·**~~rit** of tiabeas 

### Corpus·

• ' • • .' • • • > ••• I 

### .AppliC!Cltion

### r~ceived and 

### filed'in the above

### r~fere~ced case on April 

## ?, .2015•... 

### 'I:he Court·has'had 180 days.,to 

### resolve the issue designated and**is~ue** 

### .a Finding of. ·

. . 

### Facts and .Coxic1usions of 

### Law. 'l'he 

### Court has tailed to complete this**t~k** 

### within the

## ti~le periOd

## 'cillow~;,**~:~ursuant toTe~**  Rules of

## Appell~te**J?.roc~~e. 73~**  ''

.,

### Ther'e:t~r~·•.

### ·~~.request' the

### ~rl.s County District Clerk

### itmnediat~l~'perform its

.duty.

## pursuani\.'o~**St~te**'Law 

### and.

## ·~ransmit. the

## enti~·e habeas

## ~:·~cord to the.Court of

## Crimir~al Appeals. Failure b-y

..

### either this Office or theCourt to Order such action will result. in 

### pleadings to.a

### ·higher···Court·deemed·necessary to recieve.pr;oper

## ana.**ne~e~sary**.·results and· ' ' . . '.

. 

### relief in

### this caae.· '
. . ·.• '·::·· ·.'.

.:' ·...' . 

### 'l't'lank you 

### for yoUr 

### time 'and aeeit.ance ir! this matter, it ie**gr~a'tly** 

### appreciated· an6 

### welconle<:A,., I 

### await·thisOtfice's immediate ·action·. ·,.

·.·1

'·

. .; '. .,,;.

. ':
..



### cc: file**CE~lFlED** MAIL**~.** 

### 7008 1140 

### 0004 9224 9432 

### .James Nichael Beattie Awlicant Pro Se 'IDC.J-ID**~~** 1879331 

### Smith Unit , 

### 1313 CR 19 Lamesa,**~X** ·

### 79331

.**~**.. : . ' '· ,. '·**~** ' t