Carter, Brandon Jay

Opinion

WR-83,286-01,02

DOCKET NO. __________

IN THE RECEIVED COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS 5/15/2015 AT AUSTIN, TEXAS ABEL ACOSTA, CLERK

IN RE: BRANDON JAY CARTER, Relator

MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS AND WRIT OF PROHIBITION

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Brandon Jay Carter, Relator, moves this Court to grant him leave to file

his Petition for Writ of Mandamus and Writ of Prohibition, and shows:

1. Concomitantly with filing of this Motion, Relator is tendering to

the Clerk of the Court his Petition for Writ of Mandamus and Writ of

Prohibition. That Petition is incorporated into this Motion, by reference, for

all intents and purposes, as though set forth herein verbatim.

2. Relator represents that his Petition for Writ of Mandamus

presents an issue of great importance which may be paraphrased as follows:

may a judge ignore a defendant’s Due Process rights and this Court’s

pronouncements of law by removing appointed counsel on a whim, without

1 a hearing.

3. Relator suggests that this issue is of great importance, not only to

him, but to the criminal jurisprudence of Texas.

4. Relator therefore prays that this Honorable Court grant him leave

to file his Petition for Writ of Mandamus and Writ of Prohibition. Relator

prays for general relief.

Respectfully submitted,

/s/ D. Chris Hesse David Christopher Hesse S.B.O.T. # 24049081 112 West 8th Avenue, Suite 301 Amarillo, Texas 79101 Tel: (806) 350-6785 Fax: (806) 350-6786 Chris@PanhandleCriminalDefense.Attorney Attorney for Relator, Brandon Jay Carter

Of Counsel:

L.T. “Butch” Bradt #02841600 14015 Southwest Freeway, Suite 4 Sugar Land, Texas 77478 (281) 201-0700 Fax: (281) 201-1202 ltbradt@flash.net

Michael Mowla #24048680 445 E. FM 1382 #3-718 Cedar Hill, Texas 75104 (972) 795-2401 Fax: (972) 692-6636

2 michael@mowlalaw.com

CERTIFICATE OF SERVICE

I, the undersigned attorney, in accordance with the Rule 9.5, T.R.A.P., certify that a true and correct copy of the foregoing Petition was delivered to:

Honorable Thomas R. Culver, III 240TH Judicial District Court Fort Bend County Justice Center 1422 Eugene Heimann Circle Courtroom: Room 3E Richmond, Texas 77469 Becky.Fisher@fortbendcountytx.gov

John F. Healey, Jr., District Attorney Gail Kikawa McConnell, Ass’t District Attorney 1422 Eugene Heimann Circle Richmond, TX 77469 Gail.McConnell@fortbendcountytx.gov

Harris S. Wood, Jr. 701 North Post Oak Road #425 Houston, Texas 77024 Fax: (281) 579-1586 hwoodatty@yahoo.com

On May 11, 2015.

/s/ D. Chris Hesse D. Chris Hesse