# .3id03 -QtlRECEIVED 

# IN COURT OF 

### CRIMINALAPPEALS
Cr:tuse No: 2013-2073-C2 

### & 2013-2331-C2 

## JAN 12 2015
Craig Mack TDCJ-ID#l939218 Relator 

## v. *Honorable Judge Mr. Matt Johnson; *Mr. Abel Reyna; *District Attorney; Mrs. Karen Matkin; *DI.S'it'HCIT CLERK; IN 'IHEIR CFFICIAL Respondents CAPACITIES.§ § 

### § § § § § § § § § § IN THE 54TH JUDICIAL 

### Abel Acosta, Clerk District Court of McLennan County, Texas



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Original Application for Writ of Mandamus
To The Honorable Judge of Said Court of Appeals: Now Comes, Craig Mack, Relator, Pro Se in the above styled and numbered causes of action and files this original Application for Writ of**~andamus,** Pursuant to Article §11.07 section 3(c); §28.01, section l(l)thru(B); §2.2l(a)(l)thru(3) and(6); §44.07; § 4 4 . 0 2 ; § 2 6 . 1 3

## f!>) §2 6 . 02 & § 2 6 . 0 3 ; § 2 6 . 0 1 ; §1'4

. 06 ( a ) ; § l.05 ; § l.06 ; §1.16; §1.09; §21.03; §21.02(7);§21.27(7); §2(.12;§25.02; §19.28; §19.27; §16.17; § 16.14; §11.43; §26.04; § 16.05; §16.08; §39.14; §29.08; §29.03; §29.01; § 20.02(d); §61.03(a); §38.23; §15.17(a); §31.01; §31.02; §31.03; §31.05; §31.06 and §31.07 all of the Texas Code(s) of Criminal Procedure(s); Article l,Sections §9,10 and 19 of the Texas Constitution; and 'the 1ST, 4TH, 5TH, 6TH, 8TH and 14TH Amendments .of the United States Constitution. And will show the Court the following facts:

1* > Craig Mack,TDCJ-ID#l939218, is a prisoner incarcerated in the Texas Department of Criminal Justice-Institutional Division and is requesting relief in order to Perfect his right of appeal
on the trial courts and the Distr±6t Clerks records. I
2* > The acts sought to be compelled are ministerial, not discretionary in**mature~** T.C.C.P. art 11.07 section 3(c) requires [ 1 ] .Respondents to immediately transmitt to the Court of Criminal Appeals a COPY of the Application for Writ of Habeas Corpus; any answers filed [Notice-Request Appeal] and a certificate reciting the date upon which the finding was made; if the convrcting court decides that there are no issues to be resolved.

3.* In Relator's cause, he filed a Motion for Self-Representation on 05-23-14; and in rebuttal the State's appointed defense, attorney Mr. Stephen Reed, filed his Motion to Withdraw as counselor; therefore, Relator personally filed eight(8) Pre-Trial Motions that the States'**Court-Appoint~d** defense attorney failed-refused to file for Relators' defense.

4.* On 06-06-14, Relator filed three(3) timely Motions Pursuants to T.C.C.P.**a~ticle** §28.0l,section 1(1)-(8), 'l'Motion To Suppress Evidence, obtained As A result of A**Warrantle~s** Arrest; '2'Motion For Discovery and '3'Motion To Inspect Grand JuryiMinutes and to Dismiss the Indictment.

5.* Again, on 06-09-14, Relator filed four(4) timely Pretrial Motions (l)Motion for Continuance; (2)Motion to Dismiss Charges For Constitutional and Statutory Violations; (3)Motion to Quash and (4)Motion for Change of Venue, and on 06-10-14, Relator filed an Amended Motion to Quash.

6.* All nine(9) of**~elators'** timely pre-Trial Motions were served on the District Clerk; Mrs. Karen Matkin; the original District Attorney, Mr. Abel Reyna and the 54TH District Judge: The Honorable Judge Matt Johnson, by United States Mail Service.

7.* The Respondent, Honorable Judge matt Johnson, ORDERED a Pre-Trial hearing on 06-13-14, to hear and rule on the States' Gpprt .Appointed defense Attorney's Motion To Withdraw AS Counsel;the Respondent

## ~M "verbally" denied Relators' Right of Self-Representation, and Respondent knowingly, deliberately, intentionally and maliciously failed to respond in writing to any of Relators timely, Pre-Trial Motions as,

[ 2]Prescribed by State and Federal laws of this State and the United States Constitutional Amendments. [Bill of Rights].

8.* On 08-11-14, Relator filed his request-Notice of Appeal with ' Respondent, Mrs. Karen Matkin, through the United States PostalService,**and~Pursuant** to T.C.C.P. article §44.02, which states in part ·quote "tatter Part" he must have permission of the trial

- court, except on those matters which have been raised by written Motions filed Prior to Trial" end quote.

9.* In Relators' causes, the trial date was > 06-19-14,and the Trial Court records 1 the Clerks records will verify that none of the 'merits in the nine(9) timely filed Pre-trial Motions has received a Written Response; and which were filed three(3)Motions-

. C.lJa**~'M,';.J,.,** CM 06-06-14 & four (4) Motions-06-09-14 ·and · II! lli (l)one filed 05-23-14; (l)Amended Motion-06-10-14. 10.* Pursuant to T.C.C.P. article 44.07: Rights of Appeal not abridged; Respondent have abridged and denied Relator of his right of appeal and to be heard as guaranteed by the United States Constitutional Amendments.

11.***Responde~ts** has Violated article 11.07 section 3(c) of the Texas Code of Criminal procedure by knowingly,intentionally,delibertely and maliciously failing-refusing to give a Written Response to Relators' timely filed Pre-trial Motions and granting relator
an appeal.

12.* To date, Relator has not received any responses from the Respondents regarding relators request-notice of appeal,nor a response to any of the Relators nine(9)timely filed Pre-trial Motions.

13.* Relator has repeatedly put respondention Notice that Relator 01'1\ seeks to appeal the illegalUf and**unlawful~judgment** and conviction in the above numbered causes; and for a Written answer to ALL ofRelator's timely filed Pre-Trial Motions, Pursuant to T.C.C.P. article §44.02, §44.07 and

### §26.13(~. [ 3]14.* Relator has gone well beyond any requirements, or obli-. gations upon him by the Texas Code of Criminal procedure. An•n contrast to Relator's efferts, respondents has wholly failed to comply with T.C.C.P. article §11.07 3 (c); articles §28.01 section 1(1) thcu(B); §44.02; §26.13f,Pnd §44.07 Statutes of T.C.C.P.; and is acting in bad faith and has failed to afford Relator the professional and**~ommon** courtesy of any written response to relator's timely, legitimate Motionsand Right to,, an appeal on said Motions. 

# 1!t Wherefore, Premises considered, relator, Craig mack, Pro Se respectfully request a finding that respondent did not respond to any of relator's nine(9) timely filed Motions for his defense, and that Respondents are denying, hindering,and abridging relat'or' s Right To an Appeal on ALL Motions filed prior to the Trial date of June 19TH,2014;and that Relator has brought this litigation in good faith and has substantially Prevailed, under the Laws and Status of this State.

Relator Prays for an 'ORDER' directing Respondents to respond in writing to all nine(9) of Relator's legitimate and timely filed Motions; issue .an ORDER for Respondents to grant Relator his RIGHT to appeal on these nine(9)Motions; also issue an ORDER for Respondents to provide Relator with a copy of the Clerk's records and Trialrecords under Relator's indigent status in order to perfect his Right To appeal.



## [04]

. Respectfully Submitted By: Craig Mack,Pro SeCERTIFICATE OF SERVICE

This is to certify

# ~1\!Ad..-\1'~ •' 2015. for Writ of Mandamus, that on this the

____

# J~~tf\L·--· _______day of A true copy of Relator's Original Application has been served on the District Clerk, Mrs. Karen Matkin; the Criminal District Attorney, Mr. Abel Reyna; and District Judge; Honorable Matt Johnson's Offices at McLennan • County, Texas, at Waco,Texas by placing the same in the United States Postal Service Mail.

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# W'~ Mr.**Cr~k** #1939218 Mark Wayne Michael Unit 2664 Tennessee Colony, Texas 75886Craig Mack.

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# II I AO240 (Rev. 06/09)Applicationto Proceed inDistrict CourtWithoutPrepaying**F~es** orCosts (ShortForm) 

## UNITED STATES DISTRICT COURT

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# ca. APPLICATION TOPROCEED IN DISTRICT COURT WITHOUT PREPAYING FEESOR COSTS (Short Form)
I am aplaintiff()r petitioner inthis ca5e and declare thatI am unable to pay the costs ofthese proceedings and thatI am entitledto the reliefrequested.
In support ofthis application, I answerthe following questions underpenalty ofperjury:
1. Ifincarcerated. I am beingheld at: i

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# c::r-Tb Ifemployedthere, orhave an account inthe ins 'tution, I have attached to this document a statement certifiedby the appropriate institutional officer showing all receipts, expenditures, andbalances during the last six months for any institutional account inmy nanie. I ain also submitting a similar statement from any other institution where I was
·incarcerated during the last sixmonths.

. 2. 

### If not incarcerated. Ifi am employed, my employer's name andaddress are:

/ My gross pay orwages are: $ 

# D . ,and my take-home pay orwages are: $

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__per (specifypayperiod) 3. OtherIncome. Inthe past 12 months, I have received income from the following

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# . . \ (a) Business, profession, or other self-employment (b) Rentpayments, interest, or dividends (c) Pension, annuity, or life ins_urance payments (d)Disability, or worker's compensationpayments (e) Gifts, or inheritances (f) Any other so'urces 0 Yes 0 Yes 0 Yes 0 Yes 

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youanswered "Yes" to any question above, describe. below or on separatepages each source of money and· · state the amountthatyou receivedandwhatyou expect to receive in thefuture. ·

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A0.240 (Rev. 06/09) Application to Proceed in District CourtWithout Prepaying Fees or Costs· (ShortForm)

4. Amount ofmoney thatI have in cash or in a checking or savings account: $ 

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5. Any automobile, real estate, stock, bond, security, t:Iilst,jewelry, art work, or other fmancial instrumentor thing ofvaluethat I own, including any item ofvalue held in someone else'sname (describe thepropertyand its approximate value): 

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6. Any housing, transportation, utilities, or loan payments, or otherregular monthly expenses (describe and provide the amount of the monthly expense): 

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7. Names (or, ifunder 18, initials only) Ofall persons who are dependentori mefor support, myrelationship with.each person, a:nd howmuchI contribute to their support: 

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8. Any debts or fmancial obligations (describe the amounts owedandto whom they arepayable):



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Declaration: I declare under penalty ofperjury thatthe above information is true andunderstandthat a false statementmay result ina dismissal ofmy claims.

Date: 

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- PASSPORT Wednesday, January 07, 2015, 10:02:42 AM

CSINIB02/CINIB02 TEXAS DEPARTMENT OF CRIMINAL JUSTICE 01/07/15 10:02:06 INDIGENT DTE: 12/23/14 o·7 /01/14 1A2W/KST5757 IN-FORMA-PAUPERIS DATA TDCJ#: 01939218 SID#: 03180032 LOCATION: MICHAEL NAME: MACK,CRAIG E BEGINNING PERIOD: PREVIOUS TDCJ NUMBERS: 00543811 00612010 CURRENT BAL: 0.00 TOT HOLD AMT: 6MTH DEP: 61.39 6MTH AVG BAL: 0.00 3MTH TOT DEP: 0.58 6MTH AVG DEP: 20.00 10.23 HIGHEST BALANCE 20.00

0.00 0.00 TOTAL DEPOSITS 20.00

0.00 0.00 MONTH 09/14 08/14 ' 07/14 MONTH 12/14 11/14 10/14 PROCESS DATE HOLD AMOUNT HOLD DESCRIPTIONHIGHEST BALANCE 20.00 20.00

0.00 TOTAL DEPOSITS 20.98 20.41

0.00



### STATE OF

# TE~~COUNTY**OF~** ON THIS

## THE'~\DAY OF

## ~~/s-1 CERTIFY THAT THIS DOCUMENT IS A TRUE, COMPLETE,AND UNALTERED COPY MADE BY ME OF INFORMATION CONTAINED IN THE COMPUTER DATABASE REGARDING THE OFFENDER'S ACCOUNT. NP SIG: PFl-HELP PF3-END ENTER NEXT TDCJ NUMBER: OR SID NUMBER:

NOTARY PUBLIC STATE OFTEXAS COMM. EXPIRES 8-28-2016 UN07AAY WffifOUT BOND"

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