in Re Mark Eugene Engle

• Court: Court of Criminal Appeals of Texas
• Decided: May 22, 2015
• Docket: 06-15-00090-CR
• Status: Published

Opinion

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:",`-;)’ f/-\. l . ' .. The Six§:rv;ié>isir?c;§eas Ec)urt of Appeals FH_ED |N MAY 2 2 2015 Sixth Ec)urt D‘F Appeals The Co~u¢;t O~prpea‘S Bi-State austice Bldg. SiXth D’istric‘t ?EXETKHN@,TQXGS ‘ ' 100 N. State Line Ave. #20 MAY 2 2 2015

Debra Autrey, Clerk Texarkana, Texas 75501-5952

Texa§rkéfna, ?Fe>'cé$

.'D...'..___ :,1 . . _. . award .~1\.. mm

Leave to File

writ cf Mandamus

Mark Eugené Engle v. The State of Texas Trial Ease NO. 29110

Honorable Judge Beacom

In the 554th District Cuurt

Parties: Mark Eugene Engle Judge Beacom #1958430 Prn-Se ' Df the 354th

Eonnally Unit District Eourt

899 F.M. 632 Kennedy,TX 78119

(I)

iTable of Enntenta

Identity et The Partiea

Index of Authoritiee

Statement et The Eaee

leaue Preeented with Argument

Petitien eheuld be granted because Relater has Demonetrated that his motion has been filed er brought to the attention of`the"Triel`Eourt, or en the alternativefis it am:abueewof discretion for the trial Judge net te rule en a timely tiled metien.

Eenclueion and Prayer

Bertificate et Service

Exhibit A Attached

(II)

Index of Authuritiee

Canadian Helicoptere Ltd v witting, 876 S.M.Zd 304,305 (Texas 1994)

Johnson V Fourth Eourt of Appeala 700 B.M.Zd 916,917 (Texas 1985)

Btoner v Maseey, 556 S.U.Zd 843,846 (Texas 1979) ln re Villereal, 96 S.U.Zd 706,710-711 (T§x.App.

Ammerillo 2003)

(5)

Statement£of the Ease

0n January 20th 2015 relator sent a notion to add additional designation issue to Judge Beacom that would prove relator's actual innocence in regards to the invalid search warrant andaaffidavit for search warrant and orders from theaexamining'trial. 0n Febuary 9th 2015 relator sent a motion To Return Property. 0n December 19th 2014 relator.filed a motion Designation The Grand Jury Minutes. 0n April 20th 2015 relator sent by Certified Mail (see EXhibit "A" attached green card and receipt) motion to Show Eause and motion to Dismiss with Prejudice. The Honorable Judge has a duty to rule on_an timely motion which

is a Judicial Act. lt is an abuse of Discretion not to act.

(L+)

Issue Presented

Is it an Abuse of Discretion for the Judge to not rule on a timely filed motion.

0n December 19th 2014 relator sent a motion to the Judge for Designation of the Grandjury Minutes. See (C;R.Pg.136).0@u3anuaryy20thd2015Hrelator sent a motion for Add: itional Deignation to prove his actual innocence on an invalid search warrant and aff- idavit of search warrant and orders from the examing trial. 0n Febuary 9th 2015 relator sent a motion to Eeturn Broperty to the Judge. 0n March ch 2015 he sent a motion Eesi- gnation of`record on an incomplete record. 0n April 20th 2015 he sent a motion to 5how Cause to the Judge and a motion to Dismiss with Prejudice by Certified Mail see Exhibit

"A" attached with Eertified Mail Receipt.

Arguments

Btandard of Review

Mandamus is an extraordinary remedy, available only in limited circunstances.

Ea Adian HelicoptersLtd v witting, 076 B.U.2d 304,305 (Texas'199h§.

Ittis.the Burden; of the relator to show entitlement to the relief being request

ed..See'Benerally Johnson v Fourth Eourt of Appeals, 700 5.w.2d 916,917 (Texas 1985),(0

riginal Proceeding). In order to be entitled to relief, the relator must show the foll- owing: (1) a legal duty to perform; (2) a demand for performance; and (3) a refusal to

act. See Stoner v Massey, 506 S.U.Zd 0#3,046 (Texas 1979).

with the facts presented relator has shown that all motions are over (30) days

’with the attached Exhibit "A" attached green card Eertified Receipt.

Relator's petition should be granted because relator has demostrated that

his motion has been filed or brought totthe attention of the trial court.

The Burden is on the relator to show that the District Court knew of it's Duty

to act and neglected to perform it. 5ee: In re Villareal,v96 S.w}Bd 700,710-711 (Tex.App

Amarillo 2003) Relator has meet his Burden, he is entitled to relief. 5ee: Stoner v Masi

sey, 506 5.w.2d AtBA6.

Conclusion and Prayer

Relator's petition should be Branted, he has demonstrated that the trial court

has failed to act in a timely fashion-

wherefore, premises considered. Relator Prays the Bourt Erants relator leave to

file writ of Mandamus.

j;%;pec%fuwly §ubmi§:ed,

Mark Eugene§Eogie May 1Bth 2015

Dertificate of Service

0n thisaday the 1Bth of May 2015, relator sent this leave to file Mandamus to

the 6th 00urt of Appeals of Texarkana Texas Clerk Debbie Autrey from the Eonnally Unit

899 F.M. 632, Kenedy Texas 70119 by first class mail`

Mark Eug§;eifigle

Exhibit

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