in Re Bryan Keith Price, Relator

Opinion

~ ~PR~62~ ~

IN THE SEVENTH JUDICIAL COURT OF APPEALS AMARILLO, TEXAS

BRYAN KEITH PRICE § TDCJ-ID No. 1846244 Relator, § SEVENTH COURT OF APPEALS § C:. VIVIAN LONG, CLERK

Vs. § Cause No. 01,-J J-J 00 /3]~ JUDGE STUART MESSER § lOOTH JUDICIAL DISTRICT § Respond ant

§

PLAINTI FF'S ORIGINAL APPLICATION FOR WRIT OF MANDAMUS

COMES NOW,· BRYAN KEITH PRICE, Relator, pro se in, the above

styled cause of action and files this, his "ORIGINAL APPLICATION

FOR ~RIT OF MANDAMUS" and will show this Honorab le Court the

followin g:

I.

JURISDIC TION

Bryan Keith Price, TDCJ-ID No. 1846244 is an offender in

the Texas Departm ent of Crimina l Justice and is appearin g pro

se, who can be located at 59 Darringt on Rd, Rosharon Texas 77583, '

and That this honorab le Court has Jurisdic tion to entertai n

said "Writ of Mandamu s", pursuant to Art. 22.221. Governm ent

Code, Art. 1 S~rtion 10. Texas Constitution~ and U.S.C.A- Amend.

5:6: and 14.

II.

ACT SOUGHT IS MINISTERIAL

That your Relator filed was granted a "FREE" Reporter s

Record.b y the Honorab le Judqe Messer of the lOOth Judicial Dis-

trict of Collinas worth Countv. Texas on July llth,201 3and that

1.

your Relato r has yet to lay eyes on the same due to Counse l's

neglige nce at the Appell ate level. Not only did appell ate counse l

not discuss the case at all with his "Clien t", but he failed

to allow his "Clien t" to view the reporte rs Record . What good

is a free Report ers Record to the appell ate if he cannot be

part of the review ing process ? Further more, an attorne y who

knows his client is indigen t is doing said client a tremend ous

disserv ice by not taking the time to make a copy of the "FREE"

Report ers Record for his client, since the chance s of winning

a direct appeal in the State of Texas are less than 2%, and this

extreme lack of consid eration on Counse l's part makes it virtua llv

imposs ible for the Appell ate to be able to adequa tely comole te

a reason able assessm ent of his Appell ate Counse l's work on said

direct appeal . as well as makinq it incred ibly touqh on his

Habeus Corpus procee ding. Your Relato r contac ted the State

bar regardi ng the lack of of commu nication from his attorne y,

and is enclosi ng said exhibi ts for purpos es of this Honora ble

Court's review .

Additi onally, your Relato r has filed a motion with the

lOOth Judici al distric t court in Colling sworth County , Texas

on Octobe r 17th, 2014 reques ting to review the transc ripts that

were to be "FREE" to him, and has yet to hear a respon se. Sub-

sequen tly, your Relato r sent a letter on Decemb er 18th, 2014

notifyi ng the lOOth Judici al Court that he has yet to hear from

them regardi ng this very import ant matter( SEE EXHIBIT S 1 AND

2.) The act reques ted by your Relato r is in fact minist erial

and your Relato r would enjoy an immedi ate respons e as the Court

has had said "MOTION" for 5 months , and his clock is ticking as

2.

far as his Federally allocated AEDPA time, and he is in fact

already set way behind due to the Court's negligence regarding

a response in a matter so critical to your Relator.

III.

RELATOR HAS EXHAUSTED ALL HIS REMEDIES

Your Relator has in fact exhausted all of his remedies

and has no other remedy at law regarding this situation, as

previously noted.,

PRAYER

Your Relator prays that this Honorable Court grant him

this his petition for Writ of Mandamus, and require the lower

Court to rule on his Motion so that he may proceed accordingly.

Your Relator makes this showing in "GOOD FAITH" and asserts

that it is in the interest of Justice to compel the Respondant

to act on his Writ.

RESPECTFULLY SUBMITTED,

~aft\-~ B~KEITifPRICE (Pro se) TDCJ-ID No. 1846244 DARRINGTON UNIT 59 DARRINGTON RD. ROSHARON,TEXAS 77583

CERTIFICATE OF SERVICE

I, BRYAN KEITH PRICE, relator, Pro se, file this "WRIT

of MANDAMUS" in good faith, and in the interest of justice,

and hereby certify that a true and correct copy of the foregoin g

"WRIT" was placed in the United States Mail, in a wrapper, with

pre-paid postage affixed thereto, on this the 29th day of March

2015.

·73~~~

BRYA~H PRICE RELATOR, PRO SE TDCJ-ID No. 1846244 DARRINGTON UNIT 59 DARRINGTON RD. ROSHARON, TEXAS 77583

BRYAN KEITH T.D.C.J.# 1846244 DARRINGTON UNIT 59-DARRINGTON RD. ROSHARON, TEXAS

77583

)_~_L_L3_;2nl4

TO~ JACKIE JOHNSON DISTRICT CLERK COURTHOUSE 800 ,WEST AVE. BOX 10 WELLINGTON,TEXAS 79095

RE: MOTION FOR TRIAL TRANSCRIPTS ON CASE NUMBER 2880.

Dear Clerk,

On 10/17/2014,I sent a Motion to Review the trial transcripts

on the above mention case number. So far,I haven't heard or

receive any answer from your court,concern ing this very important

matter. I would like to request your help. Can you please inform

me of the statutes of the above mention Motion to review the tr~

ial transcripts. I am trying to file a habeas corpus and as you

know,I will need those documents to submit a factual and meaning-

ful application for the writ. Please help me out.

Thank you in advance.

RESPECTFULLY SUBMITTED

--~~-~---------

PRO SE

f"!AY } 6, 201-1 Mr.. Griff in:

I wou16 first and forero ost like to notif y you of ~v chang e of addre ss which will be liete d follow ing the close of this

lette r./ Addi tiona lly, I wo~ld like to thank you for doing my 'PDR' ~ this proba bly will not come as a shock to you but ! did not you we :ct· do i ny my 'PDR 1 for: ~!'H~ as I ne vc:;r rac1P i v ed 0ven know ugh

my actua l judge ment from the Court of crimi nal appea \s. Altho sure th~t it was just an overei~ht on your part.

certa inly

T am

agree that it waa in fact~' 3ignif icc:r1 t on.~:f the yor.A would

in accor dancq wi~h thn rules 9ti~ forth withi n AEDPA so I ~ill

"'0'.1, n;cr.G DING MY 'JR~(Ai. 't'Ri\N- J. ---· ..- -..- - · - - - - -

~tn~t\H'r"TE"f'

----~------.-..

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FOR. ·--------

. --..---·--,..

COPY OF' THE .PETI'l 'lON _. ______ REV1Efli1 THAT. .,_...WJ>"S ----·-·-C A~x . .·----·---

DISCRETION"'<""· . _. . _ . _____ ._. .

-·.-.,.---··~~--··--·

this proce ss yeste rday as I am bi~ by the AEDPA, I need to 8t~~t

tryi.U!~gnlghtily to a layma n of the law and !"lave been and will be prove my innoc ence.

~hank you for your time and coope ration in this matte r along

with your exped iate rresp onse to my reque st.

SINCE RELY,

BRYAN KRITE PRICE TCCJ- ID No. 01846 244 59 DARRINGTON RD. ROSHARON TEXAS,77583

cmGlNN:. Al:lS '00 ~ J MY F.Im JsmiEMRJFro~

NO. 2880

STATE OF TEXAS § IN THE DISTRICT COURT §

vs. § tOOth JUDICIAL DISTRICT § § COLLINGSWORTH COUNTY, BRYAN KEITH PRICE § TEXAS

ORD ER

est for

On 7-1' 7:> , 2013, came on tc be considered Bryan Keith Price's Requ

rs to be Included, and said motion is Preparation of Reporter's Record and Designation of Matte

hereby

LG (D eni ed)

/5/

mlfG E PRESIDING

NO. 2880

STATE OF TEXAS § IN THE DISTRICT COURT §

vs. § tOOth JUDICIAL DISTRICT §

BRYAN KEITH PRICE § COLLINGSWORTH COUNTY, § TEXAS

ORDER

On 411 ~ 6-f

2013, came on to be considered Bryan Keith Price's Motion fur

Free Reporter's Record on Appeal, and said motion is hereby

~(Denied)

~

JUDGE PRESIDING

STATE BAR OF TEXAS

Jessica A. Bergeman Client-Attorney Assistance Program Program Director 1-800-932-1900

August 20, 2014

Mr. Bryan Keith Price #01846244 59 Darrington Rd. Rosharon, TX 77583

Re: Mr. Earl Griffin, Jr., Attorney at Law Record #647188

Dear Mr. Price:

Thank you for contacting the State Bar of Texas regarding your concerns about the communication between you and Mr. Griffin. He has since contacted our office, enclosed is a copy of his response.

Because the Client-Attorney Assistance Program (CAAP) has successfully re-established communication between you and your lawyer, this letter also serves to advise you that we will now be closing our file on this matter.

The CAAP staff is pleased to have been able to assist you. Please take a few minutes to fill out the enclosed postage-paid survey. Your response will be appreciated. If you have any questions, please feel free to contact me again at the address listed below or by dialing 1-800-204-2222, ext. 1780.

Enclosure

Cc: Mr. Earl Griffin, Jr., Attorney at Law

P.O. Box 12487, Capitol Station, Austin, Texas 78711-2487 Grievance Information Hotline: 1-800-932-1900 CAAP fax: 512-427-4122

CAAP e-mail: mail.caap@texasbar.com

STATE BAR OF TEXAS

Jessica A. Bergeman Client-Attorney Assistance Program Program Director 1-800-932-1900

August 11, 2014

Mr. Earl Griffin, Jr. Attorney at Law P. 0. Box 730 Childress, TX 79201-0730

RE: Mr. Bryan Keith Price #01846244 Record: #647188

Dear Mr. Griffin:

Recently, Mr: Price contacted the Client-Attorney Assistance Program (CAAP). CAAP is a confidential dispute resolution program of the State Bar of Texas. Its objective is to facilitate communication and the transfer of documents to assist Texas lawyers and their clients in resolving minor concerns, disputes, or misunderstandings that impact the Attorney-Client relationship. In most cases, the issues do not rise to the level of a grievance. In others, CAAP is flble to help resolve problems that if neglected may become a grievance.

Mr. Price expressed concerns regarding the legal matter you are handling for him. He indicated that he has tried resolving this on his own but has been unsuccessful. Consequently, he requested that CAAP assist by contacting you. For your convenience, enclosed is a copy of his most recentcorrespondence, which appears to request a production of client file. Pease contact Mr. Price to address his concerns:

Mr. Bryan Keith Price #01846244 59 Darrington Rd. Rosharon, TX 77583

When responding to Mr. Price's concerns, please advise CAAP that communication has been re- established. If it is more convenient, you may cc CAAP without attachments on your written response via email, fax or letter so that we may continue to facilitate if necessary. If I can be of further assistance in resolving this issue, please contact me at (800) 204-2222 ext. 1777.

Sincerely,

Enclosure

Cc: Mr. Bryan Keith Price #01846244

P~O. Box 12487, Capitol Station, Austin, Texas 78711-2487 Grievance Information Hotline: 1-800-932-1900 CAAP Fax: 512-427-4122

CAAP E-mail: mail.caap@ texasbar.co m

STATE BAR OF TEXAS

Jessica A. Bergeman Client-Attorney Assistance Program Program Director 1-800-932-1900

August 11, 2014

Mr. Bryan Keith Price #01846244 59 Darrington Rd. Rosharon, TX 77583

RE: Mr. Earl Griffin, Jr., Attorney at Law Record #647188

Dear Mr. Price:

Thank you for contacting the Client-Attorney Assistance Program (CAAP) for help in restoring communication between you and your attorney, Mr. Griffin. CAAP is a voluntary statewide dispute resolution program of the State Bar of Texas whose objective is to facilitate the transfer of documents to assist Texas lawyers and their clients in resolving minor concerns, disputes, or misunderstandings impacting the Attorney-Client relationship.

The enclosed letter was mailed to Mr. Griffin. This is a formal but friendly effort intended to facilitate communication to prompt an effective resolution to the situation. Please allow a reasonable time for Mr. Griffin to respond to our letter. However, should you not hear from him, please contact me at 1-800-204-2222 ext. 1780 or the address listed below to discuss other options. If I do not hear from you in thirty (30) days, I will assume matters have been resolved and close our file regarding this

Enclosure

P.O. Box 12487, Capitol Station, Austin, Texas 78711-2487 Grievance Information Hotline: 1-800-932-1900 CAAP Fax: 512-427-4122

CAAP E-mail: mail.caap@texasbar.com

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