Johnson, Joseph Junior AKA Joseph Johnson, Jr.

• Court: Court of Appeals of Texas
• Decided: September 8, 2015
• Docket: WR-81,893-03
• Status: Published

Opinion

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2eptember 2, 2015

ASEL ACOSTA, CLERK TEXAS COURT OF CRIMINAL APPEALS OFFICE OF THE CLERK P.O. Box12308, Capitol Station Austin, Texas 78711

In· re: Ex parte Jo'seph Johnson, Jr. Trial Court No. 1234108

To the Hon. Abel Acosta,

Enclosed please find for fil±ng and action my "Writ of Manda- mus'' filed wh~re the county Clerk has apparently not forwarded my Writ as Law requires from the letter I received from your office Sept. 1, 2015. As I received my copy of the States Answer back in July. I just assumed a copy was being sent to the Court of Criminal Appeals, though ili~th the issue of corruption and alter documenta:~

tion by the Harris County judicial officials I can understand the reason for not forwarding the Writ. I ask that you please notify myself up receipt and filing of this action.

Jo~6aNs 7~R. 1758171 C. T. Terrell 1300 FM655 Roshaion, Texas 77583 j

TEXAS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

EX PARTE § JOSEPH JOHNSON, JR., § WRIT NO. Petitioner §

WRIT OF MANDAMUS

BEFORE THE COURT:

C0 ME S N0 W JO S E P H J 0 HNS 0 N , J R . , Pe t i t i o n e r · p r o s e , a n d f i l e s

this his "Writ of Mandamus" in the· above styled cause where the

County of conviction has refused, pursuant to Notice from the

Clerk of the Court, to forward Petitioner's Art. 11.07 Writ of

Habeas Corpus to the Court. Pursuant to a letter from Brenda

McNeal, Deputy Clerk of Harris County, Texas, Petitioner's Writ

was received June 8, 2015, although Petiticrner had filed/mailed

it in mid May, 2015. Trial Court NO. 12341 08-B

On July 13, 2015, Petitioner received trhe "Stat~'s Answer

and Order'' to which h~ immediately filed a rebuttal. On July 14,

2015, Petitioner received a signed copy of same showing that Judge

Kroeker had signed off on the "State's Proposed Finding's of Facts

Co nc l u s i o n s o f L a w , a n d 0 r d e r " J u l y 6 , 2 0 1 5 . If this was the case

then Petitioner's Writ of Habeas Corpus should have arrived in

the Office of the Cle~k of the Court of Criminal Appeals at or

about the same time as Petitioner received his copy .. \

On August 16, 2015, having received No· Notice by "White Card"

that the Writ had been received and filed for review on the new

issues of Constitutional violation, Petitioner forwarded a letter

1 to Abel Acosta, Clerk, on the matter. On August 25, 2015, Mr.

Acosta returned a reply letter to Petitioner which he received

on September 1, 2015, stating his office has NO record of having

ever receiv~d said Writ. As of the preparation of this document it

has now been 87 days, 52 days longer than allowed ~y Law, since

the county received Petitioner's Writ.

WHEREFORE; Petitioner would so pray this Honorable Court to

GRANT him his Writ and enter an Order for the Clerk of the Court

to Notify the Clerk of the Harris County District Clerk's Office

to forward Petitioner's Art. 11.07 Writ of Habeas Corpus and all

Court documents to the Court of Criminal Appeals for review of

the issues"post haste.

Further Petitioner prayeth not.

Respectfully submitted,

UNSWORN DECLARATION

I, Joseph Johnson, Jr., TDCJ No. 1758171, being pr~sently

restrain~d of my liberty ~n violation of 18 USC §241, at the C.T. Terrell unit located at 1300 FM 655, Rosharon, Texas 77583 in Brazoria County, declares under penalty of perjury thta the fore- going document is true and correct toithe best of my knowledge.

Signed this the _,_.-~~~·--~---- day of September, 2015.