',,. .
Mr. Kevin Terrell Tatum February 5, 2015 TDCJ #1409740 Darrington Unit 59 Darrington Rd. Rosharon, Tx. 77583
TEXAS COURT OF CRIMINAL APPEALS Attn: Hon. ABEL ACOSTA, Clerk P.O. Box 12308, Capitol Station Austin, Tx. 78711
Re: Cause No. 73, 771-;07; ENCLOSED "2nd PETITION FOR WRIT OF MANDAMUS"; TRIAL COURT NO. 1042008-B.
Dear Court Clerk:
Enclosed, please find an Original Copy of Relator's '"2nd Petition For Writ Of Mandamus' filed pursuant to the above -styled and numbered c'ause, to be acivanc'ed before the Court. Please· file said Writ before the Court, havin9 the appropriate Jurisdiction over the Eame, at· the Court's earliest convenience. By copy of t-his letter-, and the enclosed 'Petition', I am forwarding the. same to the Respondent, Ho;.1. KRISTIN M. GUINEY, Judge, !79th Judicial District Court, Houston, Tx. 77002. Your help in filing said '2nd Petition' before the Court, having the appropriate Jurisdiction over the same, at the Court's earlies.t convenience, would be greatly ·appreciated.
Respectfully submitted,
RECE~VED~~ OOURTOFCRIMINALAPPEALS Kevin Terrell Tatum Relator, Pro Se FEB Og 2015 Cause No. 73,771-07 Tr. Ct. No. 1042008-B
KEVIN TERRELL TATUM, § In The Texas Court (Relator)
vs. § Of Criminal Appeals /
Hon. KRtSTIN M. GUINEY, Judye 179th Judicial District Court (Respondent) § Travis County, Texas
2nd PETITION FOR WRIT OF MANDAMUS'
TO THE HONORABLE JUDGES OF SAID COURT:
PLEASE TAKE NOTICE, that COMES NOW, KEVIN TERRELL TATUM,
Relator, Pro Se, files this his '2nd Petition For Writ Of
Mandamus', in good faith and in the interest of justice,
contending Due Process would best be served your Peti tionar by
this Court Granting the same, and irt support thereof, your
Relator would present unto this Honorable Court the following:
I •
JURISDICTION
That this Honorable Court has Jurisdiction to entertain
said 'Petition' pursuant to Art. 22.221, et~al., Government
Code, Art. 1 Sec. 10, Texas Constitution; U.S.C.A~, Amendment
5; 14.
II. 2
PROCEDURAL HISTORY
That your Relator filed and presented· a Post-Trial
Application for Writ of Habeas Corpus, chalienging the
Constitutionality of his confinement, on September · 9, 2009.
Said Writ was advanced before the 179th Judicial District
Court, Harris County, Texas, Cause No. 1042008, along with a
• Motion For Leave To Supplement Points Of Errors' to said
Writ, before any resolution~ On November 10, 2009, the. Court
issued forth an Order 'Designating Issues •· to be resolved.
Thereafter, and prior to the resolution of Relator's claims
advanced in his Writ, styled as Cause No. 1042008-A, your
Relator advanced a 'Motion • before the Court to 'supplement'
points of errors, pursuant to 'newly discovered evidence',
along with the thrust to advance every available error. Your
Relator, cognizant of the proverbial one-bite-at-the-apple,
advanced a 'Motion For Leave To Supplement Points'. The Trial
Court styled said 'Motion • as a 'Supplemental Writ' , and
categorized the same as Cause No. 1042008-B. Said • Motion •
was advanced before the Court on June 12, 2012, and should
have been 'sup;>lement.ed' with Cause No. 1042008-A~ The Trial
Court, 'Designated Issues To Be Resolved' in Cause Number
1042008-B, on September 25, 2012. Moreover, and pivotal to
the 'Fundamental Miscarriage Of Justice' complained of in
Relator's Writ, is the presentment of an • Affidavit • from the
State's Key Witness, CHARLEY IVORY. The Affidavit, cisarly
exculpatory to Relator's case, was 'Timely' advanced before
the Court before the resolution of Cause Nos. 1042008-A, or
1042008-B. 3
Consolidation Of Cause Nos. 1042008-A And 1042008-B
In addition, realizing the Court erred in improperly
categorizing 'Relator's efforts . to 'Supplement' points of
errors in his Original Habeas, your Relator moved to have the
Court 'Consolidate' Cause Nos. 1042008-A and 1042008-B.
Curiously, the Trial Court addressed the merits of Relator's
Constitutional Claims in his Habeas as two ( 2) distinct Writs,
and at no time addressed the 'Affidavit' of ·the State's Key I
Witness, CHARLEY IVORY, which consist of a recantation, is
exculpatory in .nature, and establishes your Relator is a
victim of a fundamental miscarriage of justice.
Without resolving the . claims advanced in Cause Number
1042008-B; and without addressing .the exculpatory 'Affidavit'
of the State's Key Wi t'ness, CHARLEY IVORY, advanced before the
Court, the Trial Court, pursuant to Art. 11.07 Sec. 3, C •. C.P.,
V.A.C.C.P, forwarded the case before the Texas Court of
Criminal Appeals. This Honorable Court, addressed Cause
~o. 1042008-A, only. On March 19, 2014, this·. Honorable Texas
Court of Criminal Appeals 'white carded' your Relator in Cause
No. 1042008-A, only! ·Cause No. 73,771~05.
Your Relator advanced a 'Motion For Reconsideration' I
before th,is Honorable Court, contending,. inter alia, the Court
did not address the Merits of Relator's claims, styled as
Cause No. 1 042008-B, nor add.ressed the Constitutional Merit of
the 'Recantation' of the State's Key Witness, CHARLEY IVORY, 4
whose Affidavit clearly exculpates your Relator. This
Honorable Corut denied • Reconsideration •. Afterwards, your
Relator advanced a FEDERAL HABEAS CORPUS WRIT before the
United States District Court, Southern District of ·Texas,
Houston Division,,, Cause No. H-14-1735. The Attorney General
was Order to respond, and it was the response of the Assistant
Attorney General . that apprised your Relator, for the first
time, he has a Writ still pending in the State Court, Cause
No •. 1042008-B. The: Assista11t Attorney General moved the
United States District Court, Hon. ·FRANCES STACY, to hold the
Federal Writ in abeyance, pending outcome and resolution of
Cause No. 1 042008-B. Said Court, on September 29, 2014,
Granted the same.
, Your Relator,. seeking confirmation from the Court that
Cause No. 1042008-B, was in fact still pending, wrote the
Court a letter of inquiry. On 10/10/14, the Texas Court of
Criminal Appeals responded to said letter and . " confirmed the
pending Writ before the State Court, Cause No. 1042008-B.
Your Relator was not cognizant of the fact the Trial Court
elected to 'piecemeal' his claims, and thbught the Texas ·court
of Criminal Appeals 'white cardin~•, on March 19, 2014,
addressed the Merits of both Writs, making· the same ripe for
Federal Review. After an inquiry to the Trial Court, your
Relator discovered his Writ was pending before the Trial Court
as of January, 2014. Your Relator advanced a • Petition For
Writ Of Mandamus • before this Court, seeking to have 'this
Honorable Court to compel the Trial Court to resolve the 5
Merits of his Claims in Cause No.· 1042008-B, along with the
Affidavit of the State's Key Witness, CHARLEY IVORY. On
December 18, 2014, this Honorable Court 'Denied Without
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',,. .
Mr. Kevin Terrell Tatum February 5, 2015 TDCJ #1409740 Darrington Unit 59 Darrington Rd. Rosharon, Tx. 77583
TEXAS COURT OF CRIMINAL APPEALS Attn: Hon. ABEL ACOSTA, Clerk P.O. Box 12308, Capitol Station Austin, Tx. 78711
Re: Cause No. 73, 771-;07; ENCLOSED "2nd PETITION FOR WRIT OF MANDAMUS"; TRIAL COURT NO. 1042008-B.
Dear Court Clerk:
Enclosed, please find an Original Copy of Relator's '"2nd Petition For Writ Of Mandamus' filed pursuant to the above -styled and numbered c'ause, to be acivanc'ed before the Court. Please· file said Writ before the Court, havin9 the appropriate Jurisdiction over the Eame, at· the Court's earliest convenience. By copy of t-his letter-, and the enclosed 'Petition', I am forwarding the. same to the Respondent, Ho;.1. KRISTIN M. GUINEY, Judge, !79th Judicial District Court, Houston, Tx. 77002. Your help in filing said '2nd Petition' before the Court, having the appropriate Jurisdiction over the same, at the Court's earlies.t convenience, would be greatly ·appreciated.
Respectfully submitted,
RECE~VED~~ OOURTOFCRIMINALAPPEALS Kevin Terrell Tatum Relator, Pro Se FEB Og 2015 Cause No. 73,771-07 Tr. Ct. No. 1042008-B
KEVIN TERRELL TATUM, § In The Texas Court (Relator)
vs. § Of Criminal Appeals /
Hon. KRtSTIN M. GUINEY, Judye 179th Judicial District Court (Respondent) § Travis County, Texas
2nd PETITION FOR WRIT OF MANDAMUS'
TO THE HONORABLE JUDGES OF SAID COURT:
PLEASE TAKE NOTICE, that COMES NOW, KEVIN TERRELL TATUM,
Relator, Pro Se, files this his '2nd Petition For Writ Of
Mandamus', in good faith and in the interest of justice,
contending Due Process would best be served your Peti tionar by
this Court Granting the same, and irt support thereof, your
Relator would present unto this Honorable Court the following:
I •
JURISDICTION
That this Honorable Court has Jurisdiction to entertain
said 'Petition' pursuant to Art. 22.221, et~al., Government
Code, Art. 1 Sec. 10, Texas Constitution; U.S.C.A~, Amendment
5; 14.
II. 2
PROCEDURAL HISTORY
That your Relator filed and presented· a Post-Trial
Application for Writ of Habeas Corpus, chalienging the
Constitutionality of his confinement, on September · 9, 2009.
Said Writ was advanced before the 179th Judicial District
Court, Harris County, Texas, Cause No. 1042008, along with a
• Motion For Leave To Supplement Points Of Errors' to said
Writ, before any resolution~ On November 10, 2009, the. Court
issued forth an Order 'Designating Issues •· to be resolved.
Thereafter, and prior to the resolution of Relator's claims
advanced in his Writ, styled as Cause No. 1042008-A, your
Relator advanced a 'Motion • before the Court to 'supplement'
points of errors, pursuant to 'newly discovered evidence',
along with the thrust to advance every available error. Your
Relator, cognizant of the proverbial one-bite-at-the-apple,
advanced a 'Motion For Leave To Supplement Points'. The Trial
Court styled said 'Motion • as a 'Supplemental Writ' , and
categorized the same as Cause No. 1042008-B. Said • Motion •
was advanced before the Court on June 12, 2012, and should
have been 'sup;>lement.ed' with Cause No. 1042008-A~ The Trial
Court, 'Designated Issues To Be Resolved' in Cause Number
1042008-B, on September 25, 2012. Moreover, and pivotal to
the 'Fundamental Miscarriage Of Justice' complained of in
Relator's Writ, is the presentment of an • Affidavit • from the
State's Key Witness, CHARLEY IVORY. The Affidavit, cisarly
exculpatory to Relator's case, was 'Timely' advanced before
the Court before the resolution of Cause Nos. 1042008-A, or
1042008-B. 3
Consolidation Of Cause Nos. 1042008-A And 1042008-B
In addition, realizing the Court erred in improperly
categorizing 'Relator's efforts . to 'Supplement' points of
errors in his Original Habeas, your Relator moved to have the
Court 'Consolidate' Cause Nos. 1042008-A and 1042008-B.
Curiously, the Trial Court addressed the merits of Relator's
Constitutional Claims in his Habeas as two ( 2) distinct Writs,
and at no time addressed the 'Affidavit' of ·the State's Key I
Witness, CHARLEY IVORY, which consist of a recantation, is
exculpatory in .nature, and establishes your Relator is a
victim of a fundamental miscarriage of justice.
Without resolving the . claims advanced in Cause Number
1042008-B; and without addressing .the exculpatory 'Affidavit'
of the State's Key Wi t'ness, CHARLEY IVORY, advanced before the
Court, the Trial Court, pursuant to Art. 11.07 Sec. 3, C •. C.P.,
V.A.C.C.P, forwarded the case before the Texas Court of
Criminal Appeals. This Honorable Court, addressed Cause
~o. 1042008-A, only. On March 19, 2014, this·. Honorable Texas
Court of Criminal Appeals 'white carded' your Relator in Cause
No. 1042008-A, only! ·Cause No. 73,771~05.
Your Relator advanced a 'Motion For Reconsideration' I
before th,is Honorable Court, contending,. inter alia, the Court
did not address the Merits of Relator's claims, styled as
Cause No. 1 042008-B, nor add.ressed the Constitutional Merit of
the 'Recantation' of the State's Key Witness, CHARLEY IVORY, 4
whose Affidavit clearly exculpates your Relator. This
Honorable Corut denied • Reconsideration •. Afterwards, your
Relator advanced a FEDERAL HABEAS CORPUS WRIT before the
United States District Court, Southern District of ·Texas,
Houston Division,,, Cause No. H-14-1735. The Attorney General
was Order to respond, and it was the response of the Assistant
Attorney General . that apprised your Relator, for the first
time, he has a Writ still pending in the State Court, Cause
No •. 1042008-B. The: Assista11t Attorney General moved the
United States District Court, Hon. ·FRANCES STACY, to hold the
Federal Writ in abeyance, pending outcome and resolution of
Cause No. 1 042008-B. Said Court, on September 29, 2014,
Granted the same.
, Your Relator,. seeking confirmation from the Court that
Cause No. 1042008-B, was in fact still pending, wrote the
Court a letter of inquiry. On 10/10/14, the Texas Court of
Criminal Appeals responded to said letter and . " confirmed the
pending Writ before the State Court, Cause No. 1042008-B.
Your Relator was not cognizant of the fact the Trial Court
elected to 'piecemeal' his claims, and thbught the Texas ·court
of Criminal Appeals 'white cardin~•, on March 19, 2014,
addressed the Merits of both Writs, making· the same ripe for
Federal Review. After an inquiry to the Trial Court, your
Relator discovered his Writ was pending before the Trial Court
as of January, 2014. Your Relator advanced a • Petition For
Writ Of Mandamus • before this Court, seeking to have 'this
Honorable Court to compel the Trial Court to resolve the 5
Merits of his Claims in Cause No.· 1042008-B, along with the
Affidavit of the State's Key Witness, CHARLEY IVORY. On
December 18, 2014, this Honorable Court 'Denied Without
Written Order' the 'Motion For Leave To File The Original
Application For Writ Of Mandamus.•
Your Relator, seeking a 'speedy resolution' of his claim,
Cause No. 1 042008-B, along with the •newly discovered
evidence' of an 'Affidavit • from the State's Key Witness,
CHARLEY IVORY, that exculpates him, advances this his second
(2nd) 'Petition For Writ Of Mandamus' seeking to advance his
case forward. Your Relator cannot advance forward, in having
his claims addressed by this· Honorable Court, nor the Federal ' Court, (which is currently holding his Federal Habeas in
Abeyance), until the Trial Court move on the Merit of
Relator's claims.
III.
MINISTERIAL ACT
That your Relator asserts the act he seeks is wholly
'Hinisterial'. Moreover, your Relator has no other remedy at
Law to advance the Constitutional Merits of his claims,
towards resolution, save for the filing of this his • 2nd
Petition For Writ of Handamus' • See In Re Jackson, 238
s.w. 3d 603, 605-606, (Tex. Ap!J. -Waco 2007); Padieu v. Court
of Appeals, 392 s.w. 3d 115, (Tex. Cr. App. 2013); Gov. Code
Art. 22.021; u.s.c.A.j Amend. 5; 14.
/ 6
WHEREFORE, PREMISES, ARGUMENTS and AUTHORITIES
CONSIDERED, your Relator prays and respectfully urge for this
Honorable Court to Grant this h-is 11 Second (2nd) Petition For
writ Of Mandamus 11 and compel the Trial Court to comport with
the dictates of Art. 11.07 Sec 3, et.al., V.A.C.C.P. In
addition your Relator prays this Court determine there are no
other remedies at Law to employ save for the filing of this
'Mandamus', that the act he seeks is wholly •ministerial' and
that the deiay in resolving the claim is unreasonable.
Justice 'delayed' is Justice 'denied' • Relator prays I for . the
relief sought, which is the Grant of this his 2nd effort to
have this Court Grant Relief. Alternatively, your Relator
· prays this Court would compel the Trial Court to conduct an
'Evidentiary Hearing'· on the Merits of his Claim, in light of
the 'newly discovered evidence' from the State's key witness,
CHARLEY IVORY, consisting of a 'Recantation' that comports
with testimony of all the 'defense witnesses' , along with the
other claims advanced in Cause No. 1042008-B, or any other,
further or different relief this Court deem is just and
proper, in the interest of justice. It is so prayed for.
K~vin Terrell_Tatum Relator Pro Se TDCJ #1409740 Darrington Unit Rosharon, Tx. 77583 AFFIDAVIT
PURSUANT TO TITLE 6, CHAPTER 132, V.T.C.A., CIVIL PRACTICE
AND REMEDIES CODE, AND 28 U.S.C. § 1746:
I, KEVIN TERRELL TATUM, Relator, Pro Se, being currently
confined in the Texas Department of Criminal Justice -
Institutional Division, at the Darrington Unit, located here
in Brazoria County, Texas, have read the foregoing 11 SECOND
(2nd) PETITION FOR WRIT OF MANDAMUS 11 , seeking to compel the
Trial Court to comport with the dictates of Art. 11.07 Sec. 3,
V. A. C. C. P. , hereby DEPOSE and DECLARE under the pain and
penalties of Perjury. the foregoing 1 2nd Petition For Writ Of 1 Mandamus is true and correct to the best of Relator 1 s belief
and knowledge.
EXECUTED ON THIS THE DAY oF Fe/oiU.fJ...tj , 2015.
KEVIN TERRELL TATUM Relator Pro ~e TDCJ #1409740 Darrington Unit Rosharon, Tx. 77583 . ' .r~ ...
CERTIFICATE OF SERVICE
I, KEVIN TERRELL TATUM, Relator, Pro Se, files this his
"2nd PETITION FOR WRIT OF MANDAMUS", seeking to have the Trial
Court address the merits of his claim and to correct a
'Fundamentally Unjust Incarceration•, hereby CERTIFY that a
true arid correct legible copy of the foregoing "PETITION", was
served upon the below named and listed parties, by placing
said 'Petition' in the Uni'ted States Mail, in a wrapper, with·-
.Riorl(af':f 5 .:rt, . pre-paid :p,ostage affixed thereto, on this the day of 1 --------------' 2015.
1. TEXAS COURT OF CRIMINAL APPEALS Attn: Ron. ABEL ACOSTA, Clerk P.O. Box 12308, Capitol Station Austin, Tx. 78711
2. HARRIS COUNTY COURTHOUSE 179th Judicial District Court Attn: Ron. KRISTIN M. GUINEY, Judge 1201 Franklin St., 18th Fl~ Houston, Tx. 77002