In Re Michael Garrett v. the State of Texas

Court of Appeals of Texas·Decided February 24, 2025·No. 15-25-00006-CV·Published

Opinion

ACCEPTED 15-25-00006

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 2/24/2025 4:44 PM

CHRISTOPHER A. PRINE

CLERK

FILED IN

15th COURT OF APPEALS

AUSTIN, TEXAS

JOSEPH P. CORCORAN (512) 936-1400 ASSISTANT ATTORNEY GENERAL 2/24/2025 JOSEPH 4:44:13

.CORCORAN@O PM.GOV AG.TEXAS

CHRISTOPHER A. PRINE

Clerk

February 24, 2025

VIA eFiling

Hon. Christopher A. Prine Clerk, Fifteenth Court of Appeals Post Office Box 12852 Austin, Texas 78711

Re: No. 15-25-00006-CV, In re Michael Garrett

Rule 52.4—Waiver of Response

Mr. Prine:

I represent two of the real parties in interest to this original mandamus proceeding; specifically, the (1) Texas Department of Criminal Justice (“TDCJ”), and (2) Texas Board of Pardons and Paroles (the “Board”). Please allow this letter to serve as my entry of an appearance of lead counsel on their behalf. See Tex. R. App. P. 6.1(b). You will find the information required by Tex. R. App. P. 6.1(c) in my signature block below.

Finally, on behalf of TDCJ and the Board, I respectfully waive the right to file an initial response to this mandamus petition unless one is requested by the Court. See Tex. R. App. P. 52.4 (“Any party may file a response to the petition, but it is not mandatory. The court must not grant relief—other than temporary relief—before a response has been filed or requested by the court.”).

Sincerely,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL:(512) 463-2100 WEB: WWW.OAG.TEXAS.GOV An Equal Employment Opportunity Employer

JOSH RENO Deputy Attorney General for Criminal Justice

TOMEE HEINING Acting Chief, Criminal Appeals Division

/s/ Joseph P. Corcoran JOSEPH P. CORCORAN* Deputy Division Chief Criminal Appeals Division *Attorney-in-Charge Texas SBOT No. 00793549 Joseph.Corcoran@oag.Texas.gov

P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 936-1400 Facsimile: (512) 936-1280

ATTORNEYS FOR THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND THE TEXAS BOARD OF PARDONS AND PAROLES

CERTIFICATE OF SERVICE

Because Relator is incarcerated, and because he is proceeding pro se,

pursuant to Rule 9.5(b) of the Texas Rules of Appellate Procedure, I do hereby

certify that a true and correct copy of the foregoing pleading was served by

placing the same in the United States Mail, postage prepaid, on February 24,

2025, addressed to:

Michael Dante Garrett TDCJ-CID #00697364 Estelle Unit 264 FM 3478 Huntsville, TX 77320-3320

/s/ Joseph P. Corcoran JOSEPH P. CORCORAN Assistant Attorney General

Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Tammy Visage on behalf of Joseph Corcoran Bar No. 793549 tammy.visage@oag.texas.gov Envelope ID: 97737568 Filing Code Description: Other Document Filing Description: Rule 52.4 - Waiver of Response Status as of 2/24/2025 4:59 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jennifer Childress jennifer.childress@tdcj.texas.gov 2/24/2025 4:44:13 PM SENT

Bettie Wells bettie.wells@tdcj.texas.gov 2/24/2025 4:44:13 PM SENT

Joseph Corcoran 793549 Joseph.Corcoran@oag.texas.gov 2/24/2025 4:44:13 PM SENT

Joseph Corcoran 793549 Joseph.Corcoran@oag.texas.gov 2/24/2025 4:44:13 PM SENT

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