in Re: Donald Adkins

Opinion

• i^hs-ooi&d-cR. FILED IN COURTOF APPEALS 12th Court ofAppeals District

IN THE COURT OF APPEALS JUL 13 2015 TWELFTH COURT OF APPEALS DISTRICT dm TYLER TEXAS TYLER, TEXAS CATHY S. LUSK, CLERK

DONALD ADKINS Relator

-V-

CHARLES R. MITCHELL Respondent

ORIGINAL PROCEEDING

Relator's Application for Writ of Mandamus Contents

Page(s) 1-6 Relator's Original Application for Writ of Mandamus 6 Certificate of Service

7 Affidavit of Fact

8 Notice to: The Justice of the Twelfth Court of Appeals 9 Certificate of Interested Persons

10 Appendix: Case Pg(s) Hains v. Kerner 92 S.Ct. 594,596 8 Zuniga v. Zuniga 13 S,W. 3rd 798,803 8 Barnes v. State 832 S.W. 2nd 424,426 8 Birdo v. DeBose 819 S.W. 2nd 212,216 8

Exhibits No. #

Inmate Request to Officals A Letter to: Sabine Co. Sheriff B

Letter to: The Honorable, Charles Mitchell C Motion to: Dismiss Pending Causes/Memorandum D1/D2 IN RE, DONALD ADKINS IN THE TWELFTH CIRCUIT -V- COURT OF APPEALS CHARLES R. MITCHELL

DISTRICT JUDGE

SABINE COUNTY, TEXAS AND

MR. J. KEVIN DUTTON

DISTRICT ATTORNEY

SABINE COUNTY, TEXAS

RELATOR'S ORIGINAL APPLICATION FOR WRIT OF MANDAMUS

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, Donald Adkins, Relator in pro-se, to bring forth before this Honorable Court this Original Application for Writ of Mandamus pursuant to Tax. Gov. Code Ann. § 22.221, Vernon's Ann. C.Ce.P. art 4.03, 4.04, and 4.08 and the constitution of both the State of Texas, and the United States, and not limited there to...and will show this Honorable Court the following:

RELATOR

Donald Adkins, TDCJ-CID No. 1792685, is currently incarcerated in the Ramsey One Unit, 1100 F.M. 655, Rosharon, Texas 77583, Brazoria County. Relator has exhausted his remedies and has not other adequate remedy at lav;. The action sought to be compelled is ministerial, and not discretionary in nature. District Attorney J.K. Dutton and the District Court's Honorable Judce, Charles R. Mitchell of Sabine county, Texas has a sworn duty to uphold the constitution and laws of the State of Texas, and our Federal Government... and, Fast and Speedy trial, and has failed to do so or has blatantly disregarded their obligation they sworn to uphold upon appointment or hire.

II.

RESPOWDENT(S)

Respondent(s) , district attorney Dutton as well as the Honorable judge Charles R. Mitchell, of the Sabine County Judicial District Court of Texas hflsthe duty to secure and protect the Relator's due process and, fast and speedy trial rights under State and Federal law, and State and Federal Constitution.

Ill

PROCEDURAL HISTORY

1. On or about August 4, 2011, notification of pending charges became known to Relator out of the County of Sabine, State of Texasand the Relator requested his attorney, Steve Smith to invoke Speedy Trial Rights on Sabine County of Texas, Court's thereof.

2. No document evidence is in possession of the Relator^*/ 3. On the dates of October 17, and November 20, 2012, Relator sent to Sabine County Court and prosecution Motions for Speedy Trial and Bench Warrant. 4. The Respondents and Court thereof never responded to the motions filed on October 17, and November 20, 2012. 5. On December 16, 2013, Relator filed (mailed) a Motion to

Dismiss pending charges, complaints, indictments... et-cetra.

6. Respondents and/or Court thereof never responded.

7. On January 17, 2014, a letter to the clerk of the court

of Sabine County, Texas... explained actions priorly taken by

Relator and not response was provided and, Relator requested

status.

8. On February 19, 2014, a letter explaining the above

Number 1-7 herein of this writ's procedural history... was mailed

to "Honorable Judge, Mitchell of Sabine County, Texas, an

requested assistance in the interest of justice and as of this

date no response.

9. Within numbers 1-8 of this writ's procedural history, the

Relator has directed his rights to speedy trial an rights secured

bu federal constitutional law.

10. Relator, under State and Federal law, provided notice to

Respondents and the State of Texas, county of Sabine... in

writing through his documents filed (mailed) with the Courts of Sabine County, Texas. See 1-9 of this writ's procedural history.

11. The Respondents have placed holders (warrants) against the Relator in his prison placement classification screen -

preventing proper review of parole and institutional security levels for privileges, rights enjoyed by others, and parole

considerati on.

12. The holders are unconstitutional and deny the freedoms

and privilege due to the Relator. VI.

MEMORANDUM

The issuance of a writ of mandamus is a extreme remedy. Its

use is limited to instances where: 1). A official has failed to

preform a lawful, essentially ministerial duty; 2). The Relator has not other viable remedy at law to compel the official to act. The Respondents have failed to prevent violations of the Relator's rights to due process and fast and speedy trial and in so doing dismissing all warrants, holds, indictments, complaints et-cetra against him known or unknown to the Relator and by failure of Respondents to perform their duties have prejudiced the Relator and violated his secured rights.

The writ of mandamus is the only viable remedy at law to

compel the officials to act.

The Respondents has failed to perform their duties to secure the Relator's secured rights, and further dismiss all

complaints, warrants, holds et-cetra against the Relator when he further attempted to remedy the matter before this Honorable Court of his violated rights by multiple attempts to obtain a

fast and speedy trial and dismissal of the addressed complaints, warrants, holds, et-cetra after gross neglect of the Respondents

during the years of attempted remedies by the Relator! It is clear that the Respondents have either failed or refused to even

attempt to comply with State and Federal law and/or secured constitutional amendments. Consequently, the lasp of time has

prejudiced any defense the Relator would have had in rememberance of detail, knowledge of witnesses and vital culpable and 5

exculpable facts necessary tc show actual innocence or key factors. It must be evident that this Relator has attempted any and all appropriate exhaustive attempts of a remedy and all such attempts has thus far failed to remedy the issues at hand and error lies on part of the trial court of Sabine County, Texas in this case and that the primary issue for this appellate court must be in the interest to enforce the constitution of both State and Federal Government and restore the rights that are being over looked in ignorance of multiple attempts made by this Relator. The actions of the Respondents are not in the best interest

of justice.

Jurisdiction is proper, not just by statue under Texas State law, or that of rule of court, but... for interest tc secure our constitutional intent set forth by our forfathers to overturn the crown and a single sided monarchy.

This Court has "un-wavering" jurisdiction, by rule cf Court

and rights of Relator.

V.

PRAYER FOR RELIEF

Wherefore Premises considered, Relator, Donald Adkins... in pro-se, respectfully request that this Honorable Court finds that the Respondents has either failed or refused to perform its ministerial duty and has not upheld the letter of the law and/or the constitutional intent and therefore, set forth the following: The Relator prays for an order by this Honorable Court directing the Respondents to comply with the mandates set forth by the constitution in the Promise of Due Process and a fast and speedy trial and dismiss with prejudice all counts held against the Relator being called a complaint, warrant, indictment et-cetra addressed by the Relator in his many attempts made in his procedural history section III of this application of a writ for mandamus were he proves Respondents has created grounds for this writ to issue. Respectfully Su/bmitted,

Donald Adkins, Pro-Se TDCJ-CID No. 1792685 Ramsey One Unit 1100 F.M. 655 Rosharon, Tx. 77583

CERTIFICATE OF SERVICE

I do hereby certify that a complete copy of the foregoing Application for Writ of Mandamus was sent via U.S. mail to:

1. Charles R. Mitchell 2. J. Kevin Dutton 273rd District Court District Attorney Sabine County, Texas Sabine County, Texas

Mailed this ffaay of July 2015, by way of Regular U.S. mail.

Respectfully Submitted,

Donald Adkins, Pro-Se TDCJ-CID No. 1792685 Ramsey One Unit 1100 F.M. 655 Rosharon, Tx. 77583 \ 1

AFFIDAVIT OF FACT

I, Donald Adkins, do hereby state: 1. I am Donald Adkins, Relator in the accompanied application for writ of mandamus and this affidavit residing at 1100 F.M. 655, Rosharon, Texas 77583 with TDCJ-CID No. 1792685. 2. I do hereby state that all claims made before this Honorable Court in the referenced application of writ of mandamus are of fact to the best of my knowledge.

I do hereby under oath make there claims as fact before this Honorable Court and do so under the laws of perjury.

Donald Adkins TDCJ-CID No. 1792685 Ramsey One Unit 1100 F.M. 655 Rosharon, Tx. 77583 %

To the Honorable Justices of the Twelfth Court of Appeals:

Please take into consideration that Relator is by no means a

lawyer, nor a paralegal. Relator is merely a layman of the law;

and, therefore, prays this Court review his Petition for Writ of

Mandamus with patience, liberality, and affording the greatest

relief that can be construed to his benefits and deserves in the

i nterest of justi ce .

Pro-Se pleadings are held to less stringent standards than

formal pleadings drafted by a lawyer, and thus an appellate court

will review such pleadings with patience and liberality. See

federal precedent, applied to TEXAS 'appellates' pleadings, In Re

Taylor. 28 S.W.3d at 245 (Tex.App.- Waco 2000), counsels:

"The United States Supreme Court has instructed that we hold pro-se pleadings 'to less stringent standards than formal pleadings drafted by lawyers'. Hains v. Kerner. 92 S.Ct. 594, 596 (1972; accord Zuniga v. Zuniga. 13 S.W.3d 798, 803 (Tex.App. San Antonio 1999, no. pet.); Barnes v. State. 832 S.W.2d 424, 426 (Tex.App. Houston ":1st Dist.] 1992, orig. proceeding); Birdo v. DeBose, 819 S.W.2d 212, 216 (Tex.App. Waco 1991, no writ). Thus, we review such pleadings 'with patience and liberality'. Barnes. 832 S.W.2d at 426; accord Birdo, 819 S.W.2d at 216."

Relator presents the following issue to the best of

Relator's ability with utmost respect to this Honorable Court

Justices.

Donald Adkins, Pro-Se TDCJ-CID No.1792685 1100 FM 655 Rosharcn, Texas 77583 CERTIFICATE OF INTERESTED PERSONS

I, Donald Adkins, TDCJ-CID No. 1792685, proceeding pro-se, certify that the following list constitutes those persons interested in the outcome of this litigation.

Charles R. Mitchell 273rd District Court, Sabine County 200 San Augustine Street Center, Tx. 75935

J. Kevin Dutton District Attorney of the 273rd District Court P.O. Box 714 San Augustine, Tx. 75972

Res fully Submitted,

Donald Adkins, Pro-Se TDCJ-CID No. 1792685 Ramsey One Unit 1100 F.M. 655 Rosharon, Texas 77583 n TEXAS DEPARTMENT OF CRIMINAL JUSTICE — INSTITUTIONAL DIVISION

INMATE REQUESTTO OFFICIAL REASON FOR REQUEST: (Please check one)

PLEASE ABIDE BY THE FOLLOWING CHANNELS OF COMMUNICATION. THIS WILL SAVE TIME, GET YOUR REQUESTTO THE PROPER PERSON, AND GET AN ANSWER TO YOU MORE QUICKLY.

1. D Unit Assignment, Transfer (Chairman\of Classification, 5. LI Visiting List (Asst. Director ofclassification, Administration Administration Building Building)

2. Li Restoration of Lost/overtime (hlnipvVarden-if approved, it 6. LI Parole re&iuiremerityand related information (Unit Parole will be forwarded td the State Disciplinary Committee) Counselc r)

3. LI Request for Ppmotion Jn Class otto Trusty Class 7. LI Inmate P, isonfaecord (Request for copy of record, infor (Unit Warden- itapproydd, will befo/wara^f to the Director mation or pa/ole eligibility/tH^charge date, detainers-Unit of Classification) Administr, itjpn)

4. • Clemency-Pardon, parole, earlyout-mandatorysupervision 8. • Personal Interview with a representative of an outside (Board of Pardons and Paroles, 8610 Shoal Creek Blvd. agency (Treatment Division, Administration Building) Austin, Texas 78757)

TO: (Name and title of official) DATE S- )3 ADDRESS &l. SUBJECT: Statebriefly theproblem on which youdesire assistance

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• zaI&i THE STATE OF TEXAS IN THE District -Vs- W ...Cff SAI I OS JOiJNTY, TEXAS DQNALD ADKTJJS Defendant ££-'..

S SNOBIG CAUSE,

CflHHABff, BPIC3*gaf».«l-catta

NotJ eonea Defendant, Donald Adkins, in pro-se*. *, to respectfully request this Honorable Court to Dismiss [All,] Pending QiargeSjOoraplalnts, Lncicfnents. or any end all actions against tne above defendant hereina. .Of the Defendant's Knowlwd^a, the cause Ke.(s): lfliO067, If110059, ifll0Go3, IfliOOol, I£110065 era currently against hiai withiu tne County or Sabine tne State of Terns...,/ and farther address any and ail known or unknot? investigational causes sgai.net aim within the Courts of StMae County, and the State of Taxas_(Jurisdiction thereof). The Defendant Sets forth this Motion through Roth the Gonstl3(Sutioo(s) of Texas ana tne United States...IKS. Gon. 6tih An«ndftArt.ll§10 of Texas The Petioner-Defendant respectfully request that this Honorable Court set-fort£i dismissal of the above rormentioned with Prejudice.

The Defendant Furthers In support this taottan with: "umoranijm in Support and aAffidavit of inability to pay (in form* pauperis). (^fldj6$^^^^ ^0^ Resj lectfu Ily Subsi cted;

ild Adirf • ;.o-pro-se £1792b6f;

Boofaaa Ttoas 75418 £x: "DA

Memorandum in support

The Defendant, Qona.i.d Adki-s. mo^es «-h1s Honorable ^our!. in his Motion

to request *:he

did infact Mail to the Clei ol this Honorable Court a Motion for Speedy Trial

and a Motion for Beach t.

Before this Banorn! ' rt the Defendant provides that 5CTH Constitutions

for the St*te of Texas and chat of the United States HOLD; 180 DAYS begin the flag

of warning ....and under just cause tne dismissal ot ary action that is not brought

before the court of. Jurisdictioa. The Court in stoox -vs- 9ta£e934 SK2d $681 Heidi

" A 8 Hanth relay is generally Sufficent to CMGG Speddy Trial Clai»**....lha Court also Ue&& thatTThe Dismissal of the Indictment la the Only way,..see Tiingo § 92 S.Ct. 2182...Furthering that the Defendant HAS HO DUTY TO OHM HIMSELF TO TRIAL.

The Defendant hes Knowledge of the HOLDS of Sabine Countv, Texa? against him,

and has made 2 prior attempts to address this natter and a year plus has pasted and

therefore; Prejudice exist in part as well as a violation of the •- ght t • Speedy Trial

and the Defendant Respectfully prays that the Court dismisses all counts, causes or

Holds known against him with..♦"Prejudice**, and waive any and all known or unknown a) *

cost, fines fees against nim in this acuion hereJ jo [Affidavit of Inability to Pay "in forma pauperis "] attached herein/to. /Z^fcc/sc/w 0&WJ^<£ ?MJ

BespectfuLby Subadtted;

Donald Jkfidns 1792685

BonhaR, lx. 75413