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Court of Criminal Appeals 

PO Box 12308 

Austin, ·rx 78711-2308 

RE: Wti t 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 

RECElVED lN 

COURT OF CRIMINAL APPEALS 

OC119 2015 

Abel Acosta, Clerk 

Sincerely, 

·~~.~~ James Nichael Beattie 

Pro Se 

TDCJ-ID # 1879331 

Smith Unit 

1313 CR 19 

Lamesa,· Texas 79331 
EX 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, James Michael 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, and 
ic 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 requested to 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 on June 1, 2015 designatE:.'-0 one (l) issue to be 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, ·then transnit to the Court of Criminal Appeals a:ttet· 10-day 

period for oojections. . . . . 

As to the above 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·eso1 ving, 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 the Court 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· this Otfice' 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