Sloan, Johnny Jr.

• Court: Court of Appeals of Texas
• Decided: March 20, 2015
• Docket: WR-51,903-02
• Status: Published

Opinion

•, ...

Johnny Sloan, Jr. MCCONNELL UNIT-TDCJf01004291 3001 South Emily Drive Beeville, Texas 78102

March 16, 2015

OFFICE OF THE CLERK ABEL ACOSTA, Clerk COURT OF CRIMINAL APPEALS OF TEXAS P.O. Box 12308 - Capitol Station AUSTIN, TEXAS 78711

RE: WR- W00-01283-Q(A)

Dear Clerk:

Enclosed for your filing is Relator's Writ of Mandamus. Please file said Writ and bring to the attention of the Court for disposition. Thank you for your assistance in this matter.

Sincerely,

cc: files ~IT NO. WDO-Ol283-Q(A)

'1'0 THE COURT OF CRIMINAL APPEALS

AT AUSTIN, TEXAS

*******************************~

In re JOHNNY' SLOAN I JR Relator versus

204TO JUDICIAL DISTRICT COURT Respondent

****************************************************

WRIT OF MANDAMUS

********************************************

RELATOR, PRO SE.

Johnny Sloanj Jr. 101004291 McConnell Unit 3001 South Emily Drive Beeville, Texas 78102

In propria persona

[ ORAL ARGUMENT NOT REQUESTED

-cover Sheet- i,

IDENTITIES OF THE PARTIES

JohnnySloan, Jr. .Relator TDCJi 01004291 McConnell Unit 3001 South Emily Dr. Beeville, Texas 78102

204TH JUDICIAL DISTRICT COURT Respondent c/o District Clerk Frank Crowley Courts Building 133 N. Riverfront LB 12 Dallas, Texas 75207-4313

ii TABLE OF CONTENTS

IDENTITIES OF PARTIES ii

TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv STATEMENT OF THE CASE v \ STATEMENT OF JURISDICTION vi ISSUES PRESENTED vii STATEMENT OF FACTS viii ARGUMENT 1

PRAYER 2

APPENDIX

iii INDEX OF AUTHORITIES

CASES PAGE

Safety-Kleen Corp. v. Garcia,

945 S.W.2d. 268 (Tex.App.-San Antonio 1997) .•....•............... 1

In re Marriage of Seal,

83 S.W.3d 870 (Tex.App.-Texarkana 2002) 1

Eli Lilly & Co. v. Marshall,

829 S.W.2d 157, 158 (Tex.Crim.App.l992) 1

Code of Criminal Procedures

Article 11.07, Sec. 3(a)(b)(c)(d) vi

Sec. 8 vi

iv STATEMENT OF THE CASE

Relator seeks an ORDER TO COMPEL the 204th Judicial District

Court of Dallas County, Texas. To respond to Applicant's Writ

of Habeas Corpus filed August 16, 2013.

v STATEMENT OF JURISDICTION

The Relator contends that this Honorable Court of Criminal

Appeals has jurisdiction to hear this WRIT OF MANDAMUS according

to Texas Code Of Criminal Procedures, Article 11.07, Sec. 3(a)(b)

(c) (d), to compel the 204th Judicial District Court, to act

in according with Code of Criminal Proc., Sec. 8, Finding of Facts.

See art. 11.07.

And notify said Relator thereof.

vi ISSUE PRESENTED

1. WHETHER THE TRIAL COURT'S DISCRETION VIOLATES RELATOR'S DUE PROCESS RIGHTS TO BE HEARD, WHEREAS, THE TRIAL COURT HAS FAILED TO RESPOND TO RELATOR'S APPLICATION FOR WRIT OF HABEAS CORPUS, IN THE DICTATE OF ARTICLE 11.07?

(

vii STATEMENT OF FACTS

On= August 16, 2013, Relator submitted to the 204th Judicial

District Court of Dallas County, Texas, Applicant's Application

for Writ of habeas Corpus, with exhibits.

On August 30, 20i3, the State of Texas filed it's State's

Response to Application for Writ of Habeas Corpus. Recommendirig

the dismissal of Applicant's Applicantion for Writ of Habeas

Corpus and/or make such findings as will see justice done in this

case.

On September 30, 2013, the trial Court issued ORDER DESIG-

NATING ISSUES. At which time the Court appoint Attorney Michael

Mowla, address 603 N. Cedar Rigde Ste.lOO, Duncanville, Texas

75116, to resolve the (i6) u~resolved issues.

On January 6, 2015, Relator submitted letter qf inquiry

to Attorn~y Mowla, and the District Clerk of Dallas County,

requesting a disposition of this cause. Neither Officer of the

Court responded.

On March 16, 2015, Relator submits his Writ of Mandamus

to this Honorable .Court of Criminal Appeals.

viii ISSUE PRESENTED (restated}

Whether the trial Court's discretion violates Relator's Due Process Rights to be heard, whereas, the trial Court has failed to respond to Relator's Application for Writ of Habeas Corpus, in the dictate of Article 11.07?

ARGUMENTS

Relator brings this Writ of Mandamus to compel the Honorable

204TH JUDICIAL DISTRICT COURT, to set a permanent hearing date,

and issue a ruling on his Writ of Habeas Corpus. Given the length

of time between the filing of the application and the non-action

taken by the trial Court, the 204th Judicial Court is in violation

Relator Due Process Rights to be heard ... Therefore, Mandamus is

an extraordinary remedy, available only when a trial court clearly

abuses its discretion and when there is no adequate remedy on

appeals.

When a document is properly filed and pending before a

trial court, act of giving consideration to and relying upon

that document is ministerial act and Mandamus may issue to compel

Trial Court to act. Safety-Kleen Corp. v. Garci~, 945 s.w.2d .~

268 (Tex.App.-San Antonio 1997};. Eli Li~ly & Co. v. Marshall, 829

S.W.2d 157, 158 (Tex.Crim.App. 1992)(Holding trial court abused

its discretion by refusing to conduct hearing and render decision

on motion). Judges are required to ensure that all cases are

brought to trial or disposition, and trial Court may, on the

Court's own motion and with reasonable notice to the parties set

contested cases for trial. In re Marriage of Seal, 83 S.W.3d

870 (Tex.App.-Texarkana 2002).

1 ..., ..

PRAYER

WHEREFORE, Relator pray that this Honotable Court of Criminal

Appeals compel the 204th Judicial District Court of Dallas County,

Texas, to act in according with 11.07, without further d~lay.

Relator respectfully pray this Court grant Relator's Writ of

Mandamus.

Respectfully submitted,

J nny oan, Jr.-Relator TDCJ-ID#Ol004291 MCCONNELL UNIT 3001 s. Emily Dr. Beeville, Texas 78102

VERIFICATION

I, Johnny Sloan, Jr., Relator ProSe, do hereby verify and

swear under the penalty of perjury the following are true and

correct to the best of my knowledge. Therefore, Relator is compe-

tent to testify to the matters stated.

Signed on this 16th day of March, 2015.