Blackburn, Matthew

• Court: Court of Appeals of Texas
• Decided: August 12, 2015
• Docket: WR-83,723-01
• Status: Published

Opinion

_j'

Augest ):2015 Texas Court of Criminal ~ppeals 201 W 14th rm 106 P.O. Box 12308 Austin1 Texas 78711

Rl~: Request for Ma.ndamu.3

Dear cl e:::-k::

enclosed herein is one (1) original request for mandamus

concerning Trial c~use 1089999-A. Please file with the court

and place on the-court's docket. Thank you for your assistance

in thi:s matter.

Tennessee Colony1 Texas 75884 CC:File

~ECE~VlED ~N COORT Of C~IMINAl A~PEALS AUG 1~ 2015 IN THE ·rE:XAS COURT OF CRIMINAL APPEALS

IN PERSONA;'1

MATTHEW BLACKBURN § RELATOR § TRIAL CAUSE 1089999-A § v § § BRIAN RAINS 176th DISTRICT JUDGE HARRIS COUNTY TEXAS REQUEST FOR WRIT OF MANDAMUS

Comes now Matthe~ Blackbur~Relatoc in the above styled cause

to request this cou~t to issue a writ of' mandamus directed at

Brian Rains in his capacity as ~iat~ict judge in the 176th district

court of Harris county Texas (Tx,govt.co~e 24.001).

( JURISDICTION

This court has juJ:~isdici:ion pursuant i:o Tx.Govt.eode 22.221

SUBJECT MATTER

The relator has filed an CCP 11.07 application for a

writ of habeas corpus, the subject ~atter of this request. The

trial court received and filed such on Pebcuary 23,2015.

GROUNDS

On f•1

contraverted issues that needed to be resolv8d. Their answer

included a proposed ocd•~r f,)C d·?fense counsel Gi. en:1 Youngblood

to address the applicant's allegatio~s. Judge Brian Rains has by

tacit assent ~clined to perform his ministrial duty to execute

an order fo~ ~ounsel to answer.

PaJe l of 3 MINISTERIAL DUTY

The T x . Code . Ct" i m.. Pro c 11. 0 7 ( 3 ) ( d ) s tate s i n part , " •r h ~~

convicting court shall order" a party to answer. A judge has a

reasonable time to act before mandamus will issue to compel the

judge to perfocm a ministerial duty. See In RE Alport 276 SW3d

pg 592 (Tex.~pp [1st] Dist 2008). Wj.thing35 days a court must either

enter an order or transmit the ll-d7 to the court of criminal

appeals. In re Escaremo (Te'<:.Cr.app 2009) 297 s'"r3

CONCLUSION

District judge Brian Rains has declined.his duty by the

passing of four (4) months witho~t taking action on the ~pplicant's

11.07 as requireJ by law. No adequate r2medy exsists for the

relator, yet he has an interest in this matter, being illegally

.res:r~ined.

PRAYER

Matthe~ Blackburn prays this court grant him relief and

issue a .writ of rnandamus, compellin to> ij,3SMe

any order necessary or required by law, gr~nting relief to the

r2lator in said cause.

P :.~'~ 2 of 3 .. ' i UNSWORN DECLARATION

I, Matthe~ Blackburn do certify under penalty of perjury

that the above and foregoing is true ani cocrect. This

p m:- s tl a n t to T2.Civil.Practic.:&~:~:nedies 132.001. ~~--- //. - - ~~~-.- ---/ - 7~ y

CERTIFICAT~OF. SERVICE

I Matthew- Blackburn do c.:ctify bhat a copy of the

foregoing was mailed first class postage prepaid to the

following pa;:-ties.: Chris Daniel Harris county district clerk

P.O. Box 4651, Houston, Texas 77210.

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