Jones, Franklin Carl

Opinion

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RECErVED IN

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COURT OF CRIMINAL APPEALS

JUt 01 2il15

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\· ·' IN 1'HE COURT OF CRUUNAL APPEALS OF TEXAS

FRANKLIN CARL JONES § RECEIVED IN Relator § COURT OF CRIMINAL APPEAL §

vs. § IN RE. 977894 JUL 0 12U15

§

BELINDA J. HILL § IN HER OFFICIAL CAPACITY § Respondent § Abe! Acosta, Clerk RELATOR'S APPLICATION FOR WRI'r OF f1ANDAMUS

TO THE HONORABLE JUDGE OF SAID COURT

COMES NOW, Franklin Carl Jones, Relator, Pro, se1 in the above styled

and numbered cause of action and files his Relator's Application of Writ

of Mandamus, pursuant to Rule 52.08 Section (c) of TRAP, and will show the

Court the following:

I. RELATOR

1.01 Franklin Carl Jones, TDCJ #1224452 1s an offender incarcerated in

the Texas DeparLment of Criminal Justice and is appearing Pro se, who can be

located at the William G. McConnell Unit, Bee County, Texas 78102.

l. 02· Relator has exhausted his reme.dies and has no other adequately

remedy at law. I f the court determines that ;:Relator is inti tled to relief

it must make an appropriate order. The Court may grant relief without hearing

oral argument.

1. 03 The act soughL.tO be compelled is ministerial, not disc~etionary

in nature. ·rRAP Rule 52.8(c) requires Respondent to immediately transmit to

the Court of 185th a completecopy of his Writ of Habeas Corpus under newly

discover evidence to hold a competency hearing where the State and Court

appointed counsel failed to order a competeucy hearing for the Relator

(Franklin Carl Jones).

\I ·' II.

RESPONDENT

2.01 Respondent Belinda J. Hill, in her capacity as First Assistant

District Attorney(of Harris County, Texas has a ministerial Duty to turnover

The Relator's 11.07 Writ of Habeas Corpus, Memorandum of Law and all his

Exhibits A,B,C to the Court of the 185th District Court according to the State

Bar Artiles of V.T.C.A. ~ov't. Code Title 2,, Subtitle 6, Appendix Article

10, Section 9, Code Professional Responsibility. Disciplinarv RUle 9-102(3)

(4) as applied in Resolution Trust Corp. V.P.C., 128 F.R.D. 647, "underTexas

Law entire Writ of 11.07 Habeas Corpus and all attachment must be forward

to the 185th District Court".

III.

VIOLATION OF STATE BAR ARTICLES OF V.T.C.A. GOV'T CODE TITLE 2 SUBTITLE 6, APPENDIX ARTICLE 10 SEC. 9 CODE PROFESSIONAL RESPONSIBILI'rY DISCIPLINARY RULE 9-102(3)(4j

3.01 On f\1arch 9, 2015, the Relator accidently filed an ll.U7 Writ of

Habeas Corpus, Memorandum of Law and Exhibits A/B,C to First Assistant

District Attorney Belinda J. Hill, alleging that he was denied a Competency

Hearing under newly discovered evidence. Saia writ and documents was filed

on March 9, 2015, and was recieved by the District Attorney on the 11th or

12th of March 2015. The Relator has requested the Respondent to transmit his

11.07 Writ of Habeas Corpus, Memorandum of Law and all Exhibits to tbe Trial

Court of 185th District:<lo.urit to no avail.

3.02 In his haste to mail out his 11.07 Writ<bf Habeas Corpus. ·He

addressed it to the First Assistant District Attorney, Belinda J. Hill,

instead of the Clerk of Courtroom l85th.

3.03 Relator knows that it is not their job to correct his error, but

he has repectfully asked them to forward his 11.07 Writ of Habeas Corpus to

the proper court, which is the 185th District Court, so that the Appeal

2.

'_,i process may be speeded up instead of delayed.

3.04 On April 30, 2015, approximately 38 day~ later. Ms. Hill has

failed to respond to my first letter nor has she responded to my certified

letter, which was mailed out on Maret! 26, 2015.

3.05 As of this date, April 30, 2015, over 30 ~omething dyas later,

Assistant District Attorney Belinda J. Hill, has yet to coffi2l_ywith Art. 11.07

Sec 3(c).

3.06 To date, Retalor has recieved no response from Respondent regarding

Relator's~request for transmittal of a copy of the 11.07 Writ of HAbeas

Corpu~, Memorandum of Law and Exhibits A,B,C to the Clerk of Courtrbom l85th,

any answer filed and documents reciting the date upon which that finding was

made.

3.07 As it is clear from Relator;s letters, Relator has repeatedly put

Respondent on notice that=Relator seeks the transmittal of copy of the 11.07

Writ of Habeas Corpus, Memorandum of Law and Exhibits A,B,C any answeres filed

and documents reciting the date upon which that finding was made and that

such records are required by the "Laws and Rules" to act on Relator•s Writ

of Mandamus. Relator has gone well byond any requirement or obligations

imposed upon him by the State:"Bar of Texas. In contrast to Relator's efforts,

Respondent has wholly failed to comply with the Art. 10, Sec. 9 Code

Professional Responsibility, Disciplinary Rule 9-102(3)(4). The Respondent,

is acting in bad faith~ and has also failed to afford Relator the ·?rofe~sional

and common courtesy of any written responses to his correspondence and

request.

3.08 The Assistant District Attorney, Balinda J. Hill shall immediately

transmit to the Clerk of Courtroom 135th a complete copy of the 11.07 Writ

Habeas Corpus, f1emorandum of Law and all Exhibits A,B,C, any answers filed

3.

and documents reciting the date upon wich that finding was made. Failure of

the ~irst Assistant District Attorney (Belinde J. Hill) to act within the

allowed 20 Clays shall constitute such a finding. Respondent is in violation

ot this procedure, ministerial duties, and thus the laws of this State.

Relator respectfully requesting tr1at she promptly forward the ab:)Ve

material to the Clerk of Courtroom 185th. Failure to promptly honor Relator's

request will compel him to pursue a "Civil Suit" as well as bring this matter

to the attention of the State Bar ot Texas Committees.

I thank you tor your assistance.

IV.

PRAYER FOl{ RELIEF

WHEREFORE PREMISES CONSIDERED, Franklin Carl Jones, Relator, Pro se

respectfully request this Honorable Court to enter an order compelling the

First Assistant District Attorney, Belinda J. Hill to immediately transmit

to the District Court 185th a copy of Applicant's Habeas Corpus, Memorandam

of Law and Exhibit. A,B,c, .. any answers filed and a certified citing of the date

such was made. The Respondent did not transmit documents nor the 11.07 Writ

of Habeas Corpus, Memorandum of Law and Exhibits A,B,C, within a reasonable

time after the day they were requested and that Relator bring this litigation

in good faith and substantially prevailed. Relator pr?ys for an order

directing Respondent to transmit a complete copy of the above documents to

the Clerk of Courtroom l85th, any answer tiled, an~ documents reciting the

date upon wrrrch that finding was made to the Court Clerk of 185th as directed

in Article 10, Sec. 9, Code Professional Respons1bility, Disciplinary Rule

9-102(3)(4) as apllied in Resolution Trust Corp. V.P.C., 128 F.R.D. 647, an

as requested in Relator's letters (Exhibits A through C).

4.

Respectfully submitted,

Franklin Carl Jones #1224452 CVicConnell Unit 3001 S. Emily Dr. Beeville, Tx 78102

THE STATE OF TEXAS COUNTY OF BEE

AFFIDAVIT

I swear under oath that the facts anj allegation in the above

APPLICATION FOR WRIT OF MANDAMUS are true and correct.

INMATE'S DECLARATION

I, Franklin Carl Jones, am the Applicant and being presently incarcerated

at the William G. McConnell Unit in Beeville, Texas, declare under penalty

of perjury that according to my belief, the facts stated in the above

application are true and correct.

SIGNED ON this the~ day of ~ ~M~

'2015.

Applicant

CERTIFICATE OF SE~VICE

I hereby certify that a ture copy of the above APPLICATION ~~R WRIT

OF· CViANDAMUS was served on: First Assistant District Attorney Belinda J. Hill 1201 Franklin St., Room 600 Houston, Texas 77002-1930 by p~~c~n;_a~true and correct copy in the U.S. Mail on the ~day of --~---~~~~~~~~-----' 2015.

~/~ p1 Relator

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i:,OJ{\RCH 25 I 2015

JUDICIAL NOTICE

RE: Writ of Habeas Corpusi M~morandum.of Law, Exhi~its A,B,C

Dea~ Ms. Belindcl Hill, With all doe respect, in my haste to mail out my ll.Q7 writ o£ habeaG cor~us, I miscakingly sent it oto ihe District Attorn~y's Office instea~dof to the Clerk of Courtroom 185th. I kr1Qw that it i~ not tour jOb to correct my error, ,

but I am ~espectfully

;I

askin9 l.ou to fono~ard my 11.07 writ of itabe::~.s cor· pus to t:h(:: ~ro~~r court, which is the 185th District Court so that the A~p~al ~recess may bg spe~ up instead of delayed. It was- the llth or or 12th of March 2015 in 0hich fOU should have ceceivea it. I have already contRcted the District Clerk explairiing the

I

matter.

Thank you tor your assistance in this im~ortant oattec and thank you for taking out the time to corr0ct this error.

Respectfullly Submitted,

.l''ra.nklin Jon~)S

T. D.C. ffl224452

3001 Sth Emily Dr. Baeville,Tx.78102

!11CCONNELL UNI'l"

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11 A mailing receipt . ·ft {if 2X..{ ~<) 0" · C • A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for ~W?, years Important Reminders: ~C-~'Y\.~ • Certified Mail may ONLY be combined with First-Class Mail® or Priority Mail~ • Certified Mail is not available for any class of international mail. a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For .·valuables, please 'cc;msider Insured or Registered Mail.

·.a For an addition·al fee, a Return Receipt may be requested to provide proof of : delivery. To obtain Return Receipt service, please complete and attach a Return · Receipt (PS Form3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return-receipt, a USPS® postmark on your Certified Mail receipt is requrred. · IIi For an additional iee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mail piece with the · endorsement "Restricted Delivery". . • If a postmark on the Certified Mail receipt is desired,.please present the article at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail.

IMPORTANT: Save thi_s receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 !.

CHRIS DANIEL

HARRIS COUNTY DISTRICT CLERK Direct Dial Line:

3/27/2015

Mr. Franklin Carl Jones #1224452/McConnell Unit 3001 S. Emily Dr. Beeville, Texas 78102

Memorandum response to correspondence received: 03/26/15

Re: Cause No(s) 0977894.

Dear Mr. Jones,

1:8] Your motion/request Writ of Habeas Corpus was filed with the District Clerk and on 03/26/15 the Court:

~ Took no action 0 Denied your Motion/Request 0 Granted your motion/request

0 Took action 0 Advised attorney of record ~ Other

0 Our records reflect your jail time credit to be: Sentence to begin date: _ _ .

0 Contact TDC records for further information.

0 Requests for certified copies:

0 Please include full name, date of birth, and/or cause number.

0 Copies must be ordered by document name for correspondence to determine how many pages, to be able to quote a price. The fee for certified or un..:ertifiecl copies is $1.00 !)er !)llge. All requ~sts m!tst include a selfaddressed , stamped envelope If the cause number is not known, there will.be a record search fee of $5.00.

1:8] Other:_ This clerk contacted the Assistant DistriCt Attorney's Office for Court 185 and was advised that a Writ from Franklin Jones has not come across her desk. Furthermore, she advises if one should be mailed by mistake to the ADA for the 185th it would be forwarded to the Harris Cpunty District Clerks's Post Conviction Writs Department.

By: T. Czepinski Clerk in the 185 District Court

P,O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (713) 755-5749

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CHRIS DANIEL

HARRIS COUNTY DISTRICT CLERK Direct Dial Line:

4/22/2015

Mr. Franklin Carl Jones #1224452/McConnell Unit 3001 S. Emily Drive Beeville, Texas 78102

Memorandum response to correspondence received: 04/2112015

Re: Cause No(s) 0977894.

Dear Mr. Jones,

[gj Your motion/request TO COMPEL was filed with the District Clerk and on 04/2112015 the Court:

0 Took no action ~ Denied your Motion/Request D Granted your motion/request

D Took action D Advised attorney of record ~ Other

0 Our records reflect your jail time credit to be: Sentence to begin date: _ _ .

0 Contact TDC records for further information.

0 Requests for certified copies:

D Please include full name, date of birth, and/or cause number.

D Copies must be ordered by document name for correspondence to determine how many pages, to be able to quote a price. The fee for certified or uncertified copies is $1.00 per page. All requests must include a selfaddressed , stamped envelope- If the cause number is not known, there will be a record search fee of $5.00.

[gj Other: Please see the enclosed Certified Copy of the Court's Ruling.

By: T. Czepinski Clerk in the 185 Distri

P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (713) 755-5749

E::< PARTE: Fi<.ANKLIN CARr. .. 101\lP~ Tl\1 'T'RP. lASt-h llTS'T'RTC"l' ('nflR'T'

\ ... OF HARRIS COUNTY, F 1r

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Chris Daniel District Clerk

-APR 2 1 2015 CAUSE NO. 977894

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Time:

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Applicant's Motion to Compel!

To The Honorable Judge Susan Br9wn 0~('[, ,,

~ J..,j "'h

Fran]clin Carl Jone;:;, Applicant pro se, moves to this court for~ ( 7 0.. an order Hill, to CriminaL

answer filed and a certificate reciting the date upon whi such finding was mad~. in support thereof Applicant wo~l~· .~.; ·; ...

the court the following:

: ...•·

1). Applicant filed an application for Writ of Habe~s;Corpus \

alleging that he was denied . a Competency Hearing und~r pewly discovered evidence. Said w~ it was filed on March 9.;, 2b{~:r;·,~nd ···: ··'·\;_'· -· ·, was received the District Attorney on the ll th or l2tt;it-i>.:t·:·~.;:t;rd;h .·.~ =:~·i;;;;~;;·J.·~_;:~;:. : -;·_; · -.~ 2015. 2). In my haste to mail out my 11.07 writ of Habeas Corpus, I addressed it to the District Attorney instead of teh Clerk of Courtroom l85th. 3). I know that it is not their job to correct my··erro:L 'but· I had respectfully asked them to forward my 11.07 writ of Habeas Corpus to the proper court, which was the l85th District Court so that the Appeal process may be speeded up instead of delayed. 4). On April 15,2015, approximately (l) month later, Ms. Hill has failed to respond to my first letter nor ~as she responded to my certified letter, which was mailed out cOh.:::·M~r·ch. 26,2015.

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5). As of this date, April 15,2015, 30 daysf.·l'a-t'er, Assfstant District Attorney, Belinda J. HilL has y~::£-.~:·i~ '··~·om~:ly· .. ~:f~h Art.

;.:- . ...

11.07 Sec. 3(c).

~ . j Wherefore, the Applicant request this Ho'·~,pr.aqle··c<?u'rt to enter ') <

an order compelling the Assistant District ~t~d~ney, B~linda J . Hi 11 , t o i mme d i a L E: l y t r e:w.s i<l .L t. t. 0 L l'i e; ui .s t r i c t Co u r t 18 5 t h a copy of Applicant's Habeas Corpus, any answer filed and a certified citing of the date such was made.

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Depu~;