June A'\ . , 2015 

Louise Pearson 

Clerk, Court df Criminal Appeals 

P.O. Box 12308 

Capitol Station 

Austin~ Texas 78711 

Leeroy Cesar Carballo 

TDCJ-CID # 1462910 

Pack Unit 

2400 .. wallace Pack Rd. 

Navasota, Texas 77868 

RE: Request to file "Original Application Fat Leave and For Writ 

of ·Mandamus" 

Dear Clerk: 

Please find "Relator's" (Original Application For Leave and 

For Writ of Mandamus) to be filed in this Court and brough.t to 

the Honorable Judges at tent ion as time allows you .to. do so. Also, 

included is a S.A~S.E~ for your conveince with the request that 

you please file-stamp this cover letter and mail baek to me. A 

copy of this cover letter is also included. If the original of 

this cover letter must be filed, then.please just file-stamp the 

copy of it and return it to me. 

Th~nk you ahead of time for your assistance in this matter! 

REOEIV·. -.IN \OOUfit'~CMMNM. ~S 

JUN 2 ~ 2015 

submitted. 

~-

EEROY CARBALLO 

Relator - pro se 

P.S. Also included~ please find and file the Relator's ''MOTION TO 

SUSPEND TRAP, RUL~ 9.3(b) AND FOR LEAVE TO FILE WRIT OF 

MANDAMUS ,. ··~ . 
Case No. 

Initial Writ No. 1097497-A/. Habeas Corpus 

ln re LEEROY CESAR CARBALLO, 

TDCJ-CID #1462910, 

Relator, 

vs. 

CHRIS DANIEL, 

Harris County District Clerk 

§ 

s 

~ 

§ 

§ 

§ 

§ 

§ 

§ 

COURT OF CRIMINAL APPEALS 

IN 

AUSTIN, TEXAS 

'.MOTION/TO·· SUSPENiiL TRAP .. :RULE :g. 3(b)· 

" ·;.AND FOR'LEAVK··T01 FILE. 

' WRIT<' OF. MANDAMUS. 

TO THE HON0RABLE ,JUDGES OF SAID COURT:· 

NOW COMES, LEEROY CESAR CARBALLO~ TDCJ~CID # 1462910, Relator, 

acting pro se, aud files this his own "Mot·ion to suspend TRAP, 

Rule 9.3(b)," copy requirement, "and for Leave to File Writ of 

Mandamus," and in so doing_, will show this·Most Honorable Court 

the following; to wit: 

I. TEXAS RULES 0F APPELLATE PROCEDURE, . RULE 9. 3 (b) 

Pursuant to TRAP Rule 9.3(b) copy requirement, "A party must 

file the.original and 11 copies of any document addr~ssed to e~ther 

the Supreme Court or ·the Court of Criminal Appeals, except that only 

the original of the ·follo~ing must be filed i~. the Court of Criminal 

Appeals: 

(1) a motion for an extension· of time or a. response to the 

motion; or, 

(2) a pleading under Code of Criminal Procedure, Article 

11.07." 

II. DIS.CUSSION 

Relator, because of.his incarceration and indigency is unable 

to file the required 11 copies and can·only provide one original 

to the Court and the carbon copies to the parties involved • 

. ( 1) 
\ 

\ 

' Petitioner is a layman at· law~ unskilled as licensed attorneys. 

and unable to acquire the required copies because of his incarceration. Being such, Relator requests that this Court invoke ·TRAP Rule 

2 to suspend Rule 9.3(b) and allow Relator to file one original of 

his motion(s) and ~rit to the Court.· 

III: PRAYER FOR RELIEF 

WHEREFORE, PREMISES CONSIDERED, The Relator,·acting prose, PRAYS 

that this Most Honorable Court GRANT the Relator.' s request invoking 

TRAP, Rule #2 to suspend Rule' 9. 3'( b.), copy requirement, allow the 

Relator to file one original Writ of Mandamus to the Court while 

properly serving the parties with a carbon copy of'such.pleading. 

Relator also requests· ·that this Court .. GRANT this motion for 

leave tha L must be accompanied with the Relator's writ of mandamus. 

RESPECTFULLY SUBMITTED~ 

-UNSW0RN BECLARAT-10NI·, LEER0Y:CESAR CARBALL0., (TDCJ-.GIB) '11462910, born on .11-30-.78, 

do as ser;t · that I' am ctirren tly incareer.a ted in·:· th.e Texas Department 

of Criminal Justice - Institutional Divi~ion'on the Pack Unit·-

2400 Wallace Pack Rd .. , in Navasota;. Texas (77868) in Grimes County, 

Texas, do declare· under the penal t·y of perjury ·t:ha t the above facts 

mentioned in .this motion are true and correct· to the best of my 

knowledge. 

Executed on this ~3 <f.ay of June, 

-CER,.JEIFTCATE OF.<SERVICE- ,,,' 

I, Leeroy Cesar Carballo, further cert-ify ·under. the same penalty 

that I mailed the "Motion to·suspend TRAP,.Rule 9.3(b) and for Leave 

to File Writ of Mandamus'~· the original copy using first-class mail, 

pos.tage pre . ...;.paid to: Abel Acosta, Clerk,. ·Court of Criminal Ap·peals ~ 

P.O. Box 12308~ Capitol Station, ~ustin~ Tx .. 7871L.and the carbon 

copy mailed· in :likewise :.manner . to: S.ta te Pr.osecu ting A t·torney, P .0. 

Box 12405, Au.s·tin, Tx. '7'8711 and to 'the Respondent: C:HRIS DANIEL~ 

Harris Coaj' .. :District <::lerl~, P ~·.o~ Box 4651 , H us ton, Tx. 772 0 

on June ·. 201§. . . . ·.··, ~· . 

. ~-

.( 2) 
Case No. 

Initial 

Writ No. 1097497-A 

In re Leeroy Cesar Carballo, 

TDCJ-CID #1462910. 

Relator~' 

vs. 

Chris Daniel, 

Harris County District Clerk 

t\ s 

s s 

§ 

§ 

§ 

§ 

§ 

§ 

COURT OF CRIMINAL APPEALS 

IN 

AUSTIN, TEXAS 

RELATOR'S ORIGINAL APPLICATION FOR LEAVE 

AND FOR'WRITOF MANDAMUS 

TO THE HONORABLE JUDGES OF SAID COURT: 

COMES NOW Leeroy Cesar. Carballo,· "Relator" pro se in the abovestyled and numbered.cause and files this "Original Application for 

Leave and for Writ of Mandamus". and will show to wit: 

I. JURISDICTION· 

The Court of Criminal Appeals has exclusive jurisdiction to 

grant relief on. matters pertaining to a pending post-conviction 

habeas corpus application relating to a final conviction. See 

Padieu v. Court of Appeals of Texas, Fifth Dist., 392 S.W.3d 115~ 

117~118 (Tex.Crim.App. 2013); Tex. Code Crim. Proc. Ann. art. 11.07 

(West Supp. 2014) 

II. RELATOR 

Leeroy Cesar Carballo, TDCJ~CID.# 01462910, is an offender 

incarcerated in the Texas Department ofCriminal Justice.- ID~ and 

is appearing prose~ who can be located at the Pack Unit.-2400 

Wallace Pack Rd .. -, Navasota,. Texas 77 868. · Relator has. exhausted 

his remedies and has no other adequate remedy at law. The act 

sought to be compelled is min~sterial~ not discretionary -in nature. 

(1) 
III. •.. RESPONDENT . 

Chris Daniel, "Respondent" is the current Harris County 

District Clerk 

IV •. PROCEEH:JRAL. HISTORY 

The "Respondent'' .ft led the "Relator.' s" initiaL pos·t conviction 

application for. Wr.it of Habeas Corpus '·pursuant to Article 11.07 of 

Texas code of Criminal.Procedure on September 28, 2011. See: 

"EXHIBIT #1" attached. The "State"' then filed a "M(Ytion Requesting 

Designation of Issues" on October 6, '2011. See: '''EXHIB•IT #2'' 

attached. o Pursuant to Article lL 07·, §3(d), "the. Courtf adop·ted. the 

State's P·roposed' Order. Designating, Issues, ,See: "EXHIBIT #3" on 

October 20~ 2011. (also attached) 

On or about November 2nd, 2013, · the "Relator" mailed the 

"Respondent" an amended/supplemented application forwrit of 

habeas corpus . (Tex. Code Crim. Proc. , art. ·11. 07) , a ( 85 page) 

memorandum of .law w/ (8) eight new exhibits attached. 1 <using certified mail) I 

Relator received his cer.tified return J;:,~ceipt. indicating·. that 

mail address·ed to .the "Respondent'·' was received:· on November· 6, 2013 

and was. signed. ··by .. an " Arthur·:Simpson ·~" See:· "EXHIBIT #4" On 

March 5th·, 2014, 'June 6 and on. the 9thof.2014, the "Relator" mailthe "Responden;t" letters <inquiring about his ·new ~·amended" habeas 

application with his mew. memorandum of law, .and: the . (8) e:Lgh t 

exhibi.ts that he attached.· A request was made that the "Respondent" 

assign the applic·ation a new' number if need<be, that the· application 

be forwarded to the trial court. The "Relator" was adamant in his 

request to proceed with his new filings and·to have his eihibits 

that were attached· to his initial filings included with the new filings. 

See: · "EXHI·BTTS. # 5•7"··. attached. 

1 Relat0r ch=s rot have th: ITEai\'3 to j±otcx::cpy th= herein nmt.i.am ckx:tna1ts :in this sutse:.tirn :in this 

pt::i::m. Relator cnly res his cartxnlfile apy. lbtaler, th= origjrels are en file wifu th= distcict 

clerk, ''Res}:xnjent's "office. (2) 
On June 26, 2014, "Respondent" filed the· "Relator's" [Motion 

To Amend Application of Writ of-Habeas Corpus"2 and sent the 

Relator a file-s.tamped cover'letter concerning this filing. See: 

"EXHIBIT'# 8" On May 18 ~- 201'5, the "Relator" mailed' the "Respondent" 

a "Notice of intent to file. a writ o'f mandamus. in regards to application 

of writ of habeas corpus''"that was;mailed to his office. See: 

"EXHIBIT.# 9" (4 pgs. attached) 

V •. Violation_ of 

Tex,· ~ : Code "Grim.-· Proc. 

art. __ ll.07 __ -~3(b)_-

The "Relator'-'.c asserts that the "Respondent" had a ministerial 

duty to file the "Relator's" amended/supplemented -habeas application. 

Tex. Code Crim. Proc. art. .11.07 §3(b}; Aranda v •... , Di'st.Cferk,Gaines 

County,_ 207 S.W.3d 785(Tex.Crim.App,. 2006); Deleon v .. Dist. Clerk, 

Lynn County, 187 S.W.3d 473~ 474 (Tex. ,Crim •. App .. 2006) Because the 

"'Relator" has no right to appeaL the "Responden.t' s" refusal to 

properly 'f i'le his "amended/supplemented" .·hab-eas application, new 

memorandum of law, with -(8) eight new exhibits, and have his exhibits 

that were attached to his prior application included with his new 

filings, "Relator" has no remedy at law. 

The "Relator" wrote the "Respondent"· multiple times requesting that his new application and filings be assigned a. cause number, 

if needed,· and forwarded:to the trial court for consideration. The 

"Relator" indicated in his letters thBt· he did not wish for his 

filings to be construed as a s1:1bsequent writ: but as an application 

where he has stated all of the facts supporting his grourtds. 

In essence, 'the "Relator" requested that . his amended/supplemented 

writ of habeas ~orpus be filed whi.le .his tither writ concerning the 

same cause was/is pending bef:c;>re the Court. 

·2aelator'·s un1f of as~1gnment does n6t allow inmate~ to photocopy 

tlrir ~ \\Urk •. 'lh= Relator is urnble to_~ a CCJP.r' of this rrotim rrent:i.cnrl that is ~ 

_tp 1:e in tre District Clerk's office, fil.Erl prqELly. 

(3) 
The "Relator" r.ecognized the deficiencies in his initial 

application and brief on file while working pro se and sought to 

correct his· mistakes pro se. The "Relator". relied on Trevino v. 

Thaler:,: a· Supreme Court case as grounds in support of allowing 

him to amend/supplement his application. The "Relator's" motion 

to amend/supplement was attached to ·his .cover.' letter. See cover 

letter: "Exhibit # 8" 

:. The· ''Relator" has received. no response i'ndm.c'a'.t:~ng :that his 

new filings were ever filed,. assigned a new. number, if needed, or 

that they=were ever forwarded··to the trial court or to this 

Honorable Court of Criminal Appeals. 

According to Benson :V·. ·!District Clerk,. Montgomery: County~ 

331 S.W.3d 431 (Tex. Crim. App. 2011): 

"Whether a habeas corpus applicant has other applications 

pending.is·irrelevant to the district cletk's ~uty to receive file~ and forward habeas corpus applicati6ns under:Article 11.07'' 

Id. at 432 

VI. PRAYER FOR RELIEF 

····'. 

WHE~EFORE: PREMISES CONSIDERED, Relator respectfully requests a 

finding that Respondent did ~ot fulfill his ministerial duty 

according to the Tex. Code Crim. Proc. art. 11.07 §3(b) and that 

Relator brought this litigation in good faith and has substantially 

prevailed. Relator prays fot an ORDER directing Respondent to filestamp Relator's amended/supplemented habeas application with the 

memorandum of law and 8 (eight) exhibits that were attached with 

a date within November of 2013 and to attach with his new filings 

"exhibits (A, B: C: & D) that were attached t:o his filings on 

9-28-11. Also~ . if the law so requires, that the "respondent" 

assign the "amended/supplemented" application a new number and 

forwarded to the trial court or to this Honorable Court along 

(4) 
tHth the "Relator's" motion to "amend·applicationof writ of 

habeas corpus" that Relator asserts that he attached to his 

cover letter that .was file-stamped by the_Bfstrict Clerk. See: 

"EXHIBIT#8" attached. 

Last~ that the ''Respondent" '.be'>ORDERED>to send'· ·the Relator 

a copy of the docket sheet that indicates all .the· letters, documents, 

pleadings that have been filed with their filing dates pertaining 

to the Relator's proceedings=on his writ of habeas corpus under 

the herein mentioned cause nu~ber. 

Date: June ~~.-=---'2015 

-UNSWORN: DECLARATIONI, LEEROY' CESAR CARBALLO, .(TDCJ-CID) # 014629:10~ date· of 'birth 

being on 11-30-1978, do assert that I'am. currently ... incarcerated 

in the Texas Department o:£ Criminal Justice - InstitutionaL 

Division on ·the Pack Unit - 2400.W~llace Pack Rd. in Navasota, 

Texas ( 7 7 868) in Grimes Cotm ty, · Texas~ do .. d~cl:are under· the 

penalty of perjury that the above facts, fil~ngs mentioned, and 

exhibits are both true and .corree t to ·the best of. my knowledge. 

Executed on this ) ~ day of June, 

-CERTIFICATE·· 0F SERJZICEI, Leero,y Cesar Carballo.,#1462910 ~ 'further .. certify that I sent the 

o:riginal copy of this "Ap.plicatioil for Leave and· For Writ of 

Mandamus " by first:~elass· mail~. postage prepafd to: Louise Pearson. 

Clerk~ Court 0f CriminaL Appeals, P.O.Box 12308, Capitol Station, 

Austin. Tx~78711 and· a carbon copy, mailed .in likewise rrianner to: 

State ~rosecuting Attorney~. P~O. Bbx"12405i Austiri,, Tx. 78711 and 

to the Res.ponden t · : Chris DanieL, Harri::; County Dis1trict Clerk~ 

P.O.Box 4651 Houston,. Tx.· 77210 Oil.;JUN" ¢~ ~"~5 L C4£ 

( 5) L ~SAR CARBALLO . 
"EXHIBIT # 1" 

CHRIS DANIEL 

HARRIS COUNTY DISTRICT CLERK 

September 28, 2011 

LEEROY CESAR CARBALLO 

#01462910- WAYNE SCOTT UNIT 

6999 RETRIEVE RD . 

. ANGLETON,TEXAS 77515 

RE: CAUSE #1097497-A 

1"'9th District Court 

Dear Applicant: 

Your post conviction application for Writ of Habeas Corpus was received and filed on 9-28-11. 

Article J 1. 07 of the Texas code of Criminal Procedure affords the State 15 days in which to 

answer the application after J:aving been served with said application. After the 15 days allowed 

the State to answer the application, the Court has 20 days in which it may order the designation 

of issues to be resolved, if any. If the Court has not entered an order designating issues to be 

resolved within 35 days after the State having been served with the application, the application 

will be ·forwarded to the Court of Criminal Appeals for their consideration purstiimt to Article 

11.07, Sec. 3(c)ofthe Texas Code of Criminal Procedure. 

The records of the office reflect the following: 

CAUSE NO. PETITION FOR WRIT OF HABEAS CORPUS DISPOSITION 

All future correspondence shoul_d indicate the above listed cause number. 

. ' 

Lou.Jefferson, Deputy 

Criminal Post Trial 

CC: District Attorney 

Judge, Presiding Court 

" ... ' 

• ; # •• •· • 

• '! ... , 

1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577 

PAGE I OF I REv. 01-02-04 

: l ·' .•' -.,_I 
"EXHIBIT # 2" 

NO. 1097497-A 

EX PARTE § IN THE 179th DISTRICT COURT 

LEEROY CESAR CARBALLO, 

Applicant 

§ OF 

§. HARRIS COUNTY, TEXAS 

THE STATE'S MOTION REQUESTING DESIGNATION OF ISSUES 

The State of Texas, by and through its Assistant District Attorney for Harris County, 

requests that this Court, pursuant to TEX. Co bE CRIM. PROC. art. 11.07, §3( d), designate the 

following issues which need to be resolved: 

1. Whether the applicant received effective assistance of counsel at trial. 

2. Whether the applicant received effective assistance of counsel on appeal. 

Service has been accomplished by mailing ·a true and correct copy of the foregoing 

instrument to the following address: 

Leeroy Cesar Carballo 

#1462910- Wayne Scott Unit 

6999 Retrieve Rd. 

Angleton, TX 77515 

SIGNED October 6, 2011. 

Re~tf~llf.binitte , 

~Keating Assistant District Attorney 

Harris County, Texas 

1201 Franklin, Suite 600 

Houston, Texas 77002 

(713) 755-6657, (713} 755-5809 (fax) 

Texas Bar I.D. #00787813 

j 
~ ... · i . 

"EXHIBIT # 3" 

.. 

-· 

......... 

... · EXPARTE 

LEEROY CESAR CARBALLO, 

Applicant 

NO. 1097497-A 

§ IN THE I 79th DISTRICT COURT 

§ OF 

§ HARRIS COUNTY, TEXAS 

THE STATE'S PROPOSED ORDER DESIGNATING ISSUES 

. Having reviewed the applicant's application for writ of habeas corpus, the Court finds 

that the following issues need to be resolved in the instant proceeding: 

1. Whether the applicant received effective assistance of counsel at trial. 

2. Whether the applicant received effective assistance of counsel on appeal. 

Therefore, pursuant to Article 11.07, §3(d), this Court will resolve the above-cited issues 

and then enter findings of fact. 

The Clerk of the Court is ORDERED NOT to transmit at this time any documents in the 

above-styled case to the Court of Criminal Appeals until further order by this Court. 

.. ' .. . ' '· L ,;' / 

By the following signature, . · 

the Court adopts the State's Proposed Order Designating Issues. 

SIGNEDonthe_. _day£~ 

PRESIDING JUDGE 

:. '' ·:.' y' ., 

'-1, 

......... 

,. 

. : •·:',l' 

•'1. i' ·/'l'' 

~- :.·~ •·.•. ti: 

"EXHIBIT;_,# 4 II 

SENDER: .COMPLETE THIS SECTION 

• Complete ite~~ '1. 2~ 'an~ 3. Ais6 cohi~l~t~~ ! \ ~ \ · 

• Jte.m 4 lf Restncted Delivery is desired. 

Pnnt your name and address on the reverse .. 

so that we can return the card to you. . 

• Attach th1s card to the back of the .1 • · . . ma1 p1ece, 

or on the front 1f space permits. 

D. Is delivery address different 

1 . Article Addressed to: 

Chi?/S {);1)1,' e I If YES, enter delivery add res!>.~~.....,.,...;:..;-;.;..-

)I ;1 /(~'.£'{ ou 11 t-1 t(},:_rj,f,'t 1 

c /££K . 3. Service Type 

0 Express Mail Jtf?o tftJ :j tf t-> I 0 Certified Mail 

0 Registered . 

0 Insured Mall 

0 Return Receipt for Merchandise 

0 C.O.D .. 

4. Restricted Delivery? (Extra Fee) 0 Yes. 

2. Article Number 

(Transfer from service label) 

PS Form 3811. February 2004 Domestic Return Receipt 1 02595·02-M-1540 : 

. ----=---·---·-··· ·.---- __ ,.. _________ --- -- ----------~-- ';"-------------:----·.-----

. UNITED ST~TES Po$\l~f!~i«[\pm\\\'.'\\n\\tq\till;,t,\\ \h\\\!h \if1~t-Cia.ss Mail . ' ..... • • .. .. • 1 •• • • • •• • ... 'Postage & Fees.Paid 

I . USPS . . · · · . Permit No. G-10 

. ·~------------~ 

• Sender: Please print your name, address, and ZIP+4 in this box • 

" J. E £ Y<,GfC e_sl>. S' Ca.,.. hq_ tl v (\ 

,, " i{: :ir1~1N; ~t) \q; (j 

;; '(0 ~ W fJ,/ I fl.(_L ,l?f!c.J< f J . -~~ . .. ~_ 

Af/Jv A!() fer 7x 7-7 g& & . ,~. 

·----------------... -.....:..--·- ---------~-- ·---~---------·- ___ ,_ ________ - ------ -· ·-
I 'E»>IBBT # r:J I ' 

MARCH 5TH, 2014 

RE: CAUSE #1097497-A 

CHRIS DANIEL 

HARRIS COUNTY DISTRICT CLERK 

P.O. BOX 4651 

HOUSTON, TX. 77210-4651 

DEAP. CLERK: 

LEEROY CESAR CARBALLO 

01462910 pack unit 2~00 WALLACE PACK RD. 

NAVASOTA, TEXAS 77868 

ON OR ABOUT NOVEMBER 2ND; 2013, I MAILED YOU MY APPLICATION 

FOR A WRIT OF HABEAS CORPUS IN ACCORDANCE WITH ARTICLE 11.07 OF THE 

TEXAS CODE OF CRIMINAL PROCEDURE; A MEMORANDUM OF LAW IN SUPPORT 

OF, AND EIGHT EXHIBITS (ATTACHMENTS) TO BE INCLUDED IN. I RECEIVED 

MY CERTIFIED RETURN RECEIPT INDICATING THAT MY MAIL WAS RECEIV~D 

ON NOV - 6, 2013 BY A "ARTHUR SIMPSON". 

PLEASE ASSIGN MY APPLICATION A CAUSE NUMBER IF NEED BE AND 

FORWARD IT TO THE TRIAL COURT FOR CONSIDERATION. I DO NOT WISH 

FOR THE COURT TO CONSTRUE THIS APPLICATION AS A SUBSEQUENT WRIT, 

BUT AS A GOMPLIANT APPLICATION WHERE I HAVE STATED ALL OF MY - GROUNDS SUPPORTING MY CLAIMS THAT I WISH THE COURT TO CONSIDER. 

I WISH TO PTIOCEED WI1H THE NEW HABEAS APPLICATION, MEMORANDUM 

OF LAW, AND EIGHT EXHIBITS (ATTACHMENTS) tHAT WEFE RECEIVED BY 

YOUR DEPARTMENT ON NOV -6, 2013, AND HAVE INCLUDED "EXHIBITS A,B, 

C, & D" THAT WERE ATTACHED TO MY FILINGS ON 9-28-11. 

I STRONGLY BELIEVE THAT I HAVE NOW RAISED A COLORABLE CLAIM 

OF INEFFECTIVE ASSISTANCE OF TRIAL AND APPEAL COUNSEL IN MY NEW 

HABEAS APPLICATION AND MEMORANDUM OF LAW. 

DBCLABATSgs. I, LEEROY CESAR CARBALLO, 15e -eiD #1462910,Applioant,pro-ae• 

do d8olare under penalties of perjury that the 11.07 APPLICATION, 

w/ memorandum of law, and eight exhibits (attached), that were received by certified mail by your department are true and correct 

to the best of my knowledge and that I pray for relief and believe 

that I'am ·entitled to REDR&SS. ~-~-

EXECUTED ON THIS THE ,.':). ~--\ .. DAY OF '\' ~- _ .. _ . __ ,@014 •• --- R~~PEcfFOCLY SUBMITTED, ,r 

Q (' (' ,{)._00 ... ~-~tt~ 

*lpplicant- pro-se * 
"EXHIBIT # 6" 

JUNE 6, 2)b 14 

CHRIS DANIEL 

HARRIS COUNTY DISTRICT CLERK 

P.O. BOX 4651 

HOUSTON,TX 77210 

RE: WRIT # 1097497-A 

MR. DANIEL: 

LEEROY CESAR CARBALLO 

II 01462910 

Pack Unit 

2400 WALLACE PACK RD. 

NAVASOTA, TX. 77868 

ON 11-2-2013, I MAILED YOU MY AMENDED APPLICATION (writ of 

habeas corpus]T.C.C.P. art.11.07]) form, my memorandum of law in 

support of, & ~ight exhibits (attached). I received my certified ;: 

return receipt indicating that my ma~l was received on 11-6-2013 

by an "ARTHUR SIMPSON". 

I'M REQUESTING AGAIN, THAT MY "AMENDED'' APPLICATION BE ASSIGNED A CAUSE NUMBER IF NEED BE AND FORWARD IT TO THE 179TH DISTRICT 

'·. '' COURT FOR CONSIDERATION. IT IS NOT A SUBSEQUENT WRIT, BUT AN "AMENDED'', 

COMPLIANT APPLICATION THAT STATE ALL OF THE GROUNDS·! WISH THE COURT 

TO CONSIDER. 

I WISH TO PROCEED WITH THE "AMENDED" APPLICATION, "RECONSTRUCtED" 

MEMORANDUM OF LAW, 8 EXHIBITS (ATTACHED), THAT WERE RECEIVED ON 

11-6, 2013, AND HAVE "EXHIBITS-A,B,C, & D" THAT WERE ATTACHED TO 

MY PLEADINGS FILED ON 9-28-11. 

DECLARATION 

I, LEEROY CESAR CARBALLO, 1462910, APPLICANT-pro se, DO DECLARE 

UNDER PENALTIES OF PERJURY THAT MY "AMENDED" 11.07 APPLICATION,"RECONSTRUCTED" MEMORANDUM OF LAW, & 8 EXHIBITS (ATTACHED) THAT WERE 

RECEIVED BY CERTIFIED MAIL BY YOUR DEPARTMENT ARE TRUE AND CORRECT 

TO THE BEST OF MY KNOWLEDGE AND THAT I PRAY FOR RELIEF AND BELIEVE 

THAT I'M ENTITLED TO REDRESS. 

EXECUTED ON THis9jh .. DAY OF Jupe_, ,20!.:L_. 

RESPECTFULLY SUBMITTED, 

~b C'o.n~MIO · 

LEEROY CESARBI&BBALLO 

1/1462910 

CCI FILED Applicant - pro se 
"EXHIBIT # 7" 

JUNE 9, 2014 

CHRIS DANIEL 

HARRIS COUNTY DISTRICT CLERK 

P.O. BOX 4651 

HOUSTON, TX.77210 

RE:* UPDATING MY NEW ADDRESS 

LEEROY CESAR CARBALLO 

fl 01462910 

PACK UNIT 

2400 WALLACE PACK RD. 

NAVASOTA, TX. 77868 

* REQUESTONG A DOCKET SHEET OR TO KNOW THE STATUS 

OF MY WRIT (11.07) 

MR. DANIEL: 

' I WROTE TO YOU ON 3-5-2014 FROM THE ABOVE ADDRESS AND HAVE 

NOT HEARD FROM YOU. I'M WRITING AGAIN TO INFORM YOU THAT THIS 

ABOVE ADDRESS IS MY NEW ADDRESS. PLEASE UPDATE THIS ADDRESS AS 

CURRENT FOR THE COURT'S RECORD. 

IN ADDITION; I'M REQUESTING A COPY OF MY DOCKET SHEET PERTAINING TO MY WRIT OR TO BE INFORMED OF THE STATUS OF MY WRIT. HAS MY 

"AMENDED" APPLICATION THAT WAS RECEIVED BY YOUR DEPARTMENT ON 11-6-2013 

ASSIGNED A NEW WRIT NUMBER. MY ORIGINAL APPLICATION HAS BEEN 

PENDING FOR OVER 2! YEARS NOW IN THE 179TH DISTRICT COURT. PLEASE 

RESPOND WITH ANY INFORMATION CONCERNING THIS MATTER. 

CC/FILED 

RESPECTFULLY SUBMITTED, 

~.Cmm CJJ1b ~ I~ 

LEEROY CESAR CARBALLO 

111462910 

APPLICANT - pro se 
"EXHIBIT # 8" 

JJN~ 23, 2014 

CHRIS DANIEL 

HARRIS COUNTY DISTRICT CLERK 

P.O. BOX i-1651 

HOUSTON, TX. 7'7210 

LEEROY C~~AR CARBALLO 

TDCJ-CID #01462910 

PACK UNIT 

2400 WALLACE PACK RD. 

NAVASOTA, TX. 7786~ 

RE: *REQUESTING ENCLOSED MOTION TO BE FILED AND FORWARDED TO T~E 

PRESIDING JUDGE 0? THE 179TH DISTRICT COURT. 

DEAR MR. DANIEL: 

El'JCCOSED, PLEASE FIND A "MOTION TO AMEND APPLICATION OF WRIT OF 

HABEAS CO~PUS FILED UNDER TX. CODE CRIM. PROC. ART.11.07''· I'm 

requesting that you please file this motion and forward a copy to 

the presiding Judge of the 179th District Court in Harris County. 

Also, please find enclosed a S.A.S.E. for your conveneice 

and file stamp a copy of this letter that I'm sending you and return 

to me. 

I thank you for your help in this matter!!!!! 

RESPECTfULLY SUBMITTED, 

!"'-
"EXHIBIT # 9" 

May 18, 2015 

Chris Daniel 

Harris County District Clerk 

P.O. Box 4651 

Houston, Tx. 77210-4651 

Leeroy Cesar Carballo 

TDC)-CID # 01462910 

Pack Unit 

2400 Wallace Pack Rd. 

Navasota, Tx.77868 

RE: Notice of intent to file a writ of mandamus in regards to 

application of writ of habeas corpus mailed to your aqdress. 

Dear Clerk: 

This letter is being sent as a notice of intent to file an 

application for a writ of mandamus with th~ Texas Court of Criminal 

Appeals. 

"The Court of Criminal Appeals has exclusive jurisdiction to 

grant relief on matters pertaining to a pending postconviction habeas corpus application relating to a final 

conviction." See Padieu v. Court of Appeals of Texas .. Fifth 

Dist .. 392 S.W.3d 115. 117-118 (Tex.Crim.Ap6. 2013); Tex. 

Code Crim. Proc. Ann. art. 11.07 (West Supp. 2014 · 

The "Relator" was convicted of aggravated robbery and sentenced 

to forty years imprisonment in the 179th District Court from 

Harris County in cause no. 1097497. The Relator's initial post 

conviction application for Writ of Habeas Corpus was received and 

filed on 9-28-11 and assigned number 1097497-A. 

On or about November 2nd, 2013, the Relator mailed your office 

an amended/supplemented writ of habeas corpus , memorandum of law, 

(8) eight new exhibits [attached]. Relator received his certified 

return receipt indicating that mail addressed to you from the 

Relator was received on November 6. 2013 and signed by an 

" Arthur Simpson". 

(1) 
The Relator has written you multiple times requesting that 

his new application and filings be assigned a cause number if need 

be and foward it to the trial court for consideration. The Relator 

has indicated in his letters that he does riot wish for the Court 

to construe this application as a subsequent writ, but as a 

compliant application where he has stated all of his grounds 

supporting his claims that he wishes the Court to consider. 

The Relator has stated in his letteres addressed to you that 

he wishes to proceed with the new habeas application, memorandum 

of law, and eight exhibits (attached), and requested to have included 

"exhibits [A, B, C, & D) that were attached to his filings on 9-28-

11. The Relator submitted his "declaration" with his letters to 

you attesting/swearing/declaring under the penalty of perjury that 

these new pleadings filed are true and correct to the best of the 

Relator's knowledge. 

In essence, the Relator requested that you file his new writ 

of habeas corpus while his other habeas corpus application concerning the same cause is pending in this Court. The Relator recognized 

the deficiencies in his initial application and brief on file and 

sought to correct his mistakes while filing pro se. 

The Relator has received no response indicating that these new 

filings were ever filed, assigned a new cause number if necessary, 

that they were forwarded to the trial court or to the Texas Court 

of Criminal Appeals. 

According to Benson v. District Clerk. Montgomery County, 

331 S.W.3d 431 (Tex.Crim.App. 2011): 

"Whether a habeas corpus applicant has other applications 

pending is irrelevant to the district clerk's duty to receive, 

file, and foward habeas corpus applications under Article 11.07" 

Id. at 432 

(2) 
Relator asserts this duty exists under Tex. Code Grim. Proc. 

art. 11.07. §3(b). If these filings are not to be assigned a new 

case number because of some operating pr6cedures in your department, 

then these filings should have still been brought to the Court's 

attention for a response or forwarded to the Court of Criminal 

Appeals. 

The Court of Criminal Appeals will grant relief when a relator 

shows: 

"(1) that the act;~ought to be compelled is purely ministerial 

and (2) that there is no adequate remedy at law." Winters v. 

Presidin Jud e of the Grim. Dist. No. Three, 118 S.W.3d 773, 

775 Tex.Crim. App. 2003 

In Relator's case, the Harris County District Clerk has a 

ministerial duty to file Relator's habeas application. Tex. Code 

Grim. Proc. art. 11.07, § 3(b); Aranda v. Dist.Clerk, Gaines County, 

207 S.W.3d 785 (Tex.Crim.App. 2006); Deleon v. Dist. Clerk,Lynn County. 

187 S.W.3d 473.474 (Tex.Crim.App. 2006) Because Relator has no 

right to appeal the District Clerk's refusal to file his habeas 

application. Relator has no r~medy at law. 

The Relator will file his mandamus with the Court of Criminal 

Appeals in (21) twenty-one days if the Relator receives no response 

concerning these issues that are being brought to your attention. 

Respectfully submitted. 

d:··~ Relator 

eeroyesar -

C~ pro 

Cara() 

se 

~Jl 

DECLARATION 

I, Leeroy Cesar Carballo, TDCJ-CID #1462910, my date of birth 

is on November 30, 1978, presently incarcerated at the Wallace Pack 

Unit (TDCJ-CID), in Navasota. Texas 77868, in Grimes County, do 

(3) 
declare under the penalty of perjury that the foregoing facts are 

true and correct to the best of my knowledge. 

Executed on I <Q' Ja day of L.J-.JYl.....lo.olru.JoO.;~Ir---, 2 0 J.5_ 

pro se 

CERTIFICATE OF SERVICE 

I, Leeroy Cesar Carballo, TDCJ-CID #1462910, do swear under the 

penalty of perjury that I have deposited the foregoing "Notice of 

Intent'' (the original copy) in the U.S. mail. postage pre-paid. 

first class and mailed to : Chris Daniel 

Harris County District Clerk 

P.O.Box 4651 

Houston. Texas 77210-4651 

The same "Notice of Intent" (a copy) was mailed in the same 

manner to: 

on this 

Harris County District Attorney 

Mrs. Anderson 

Criminal Justice Center 

1201 Franklin St. Ste 600 

Houston. Texas 77002-1930 

( ~lnd) 

Kristin M. Guiney, Crim. 

Criminal Justice Center 

1201 Franklin St. 

18th Fl. 

Div. 

Houston., Texas 77002 

(179th District Judge 

{f}d day of :Jll,~.~ 

Presiding) 

. 20 15 

(4)