Thomas Ray Pilgrim v. Texas Civil Commitment Office ( 2017 )

ACCEPTED
03-17-00801-CV
21313447
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/15/2017 9:45 AM
JEFFREY D. KYLE
No. 03-17-00801-CV CLERK
In the Court of Appeals
Third Supreme Judicial District of Texas
FILED IN
3rd COURT OF APPEALS
Thomas R. Pilgrim AUSTIN, TEXAS
v. 12/15/2017 9:45:33 AM
Texas Civil Commitment Office JEFFREY D. KYLE
Clerk
APPELLANT'S UNOPPOSED MOTION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
COMES NOW, Thomas Pilgrim, Appellant herein and files this his unopposed motion to
proceed in forma pauperis. In support of this motion, Appellant represents as follows:
1. Appellant is subject to a Final Judgment ordering him into civil commitment
pursuant to Texas Health and Safety Code chapter 841. Appellant has been held
subject to that Final Judgment since his release from prison in 2014.
2. At the outset of the proceedings that led to the entry of the Final Judgment
ordering Appellant into civil commitment, the 435th District Court found
Appellant to be indigent and appointed State Counsel for Offenders to defend him
pursuant to Health and Safety Code section 841.005.
3. No court has overturned the determination by the 435 th District Court that
Appellant was indigent. The determination by the 435 th District Court that
Appellant is indigent remains in effect. Roberts v. State, 327 S.W.3d 880, 883 (Tex.
App.—Beaumont 2010, no pet.). After a trial court determines that the defendant is
indigent, there must be some evidence presented to the trial court of a change in
the defendant's ability to pay. Mayer v. State, 309 S.W.3d 552, 557 (Tex. Crim.
App. 2010).
4. The Defendant does not oppose Appellant's Motion for Leave to Proceed in forma
pauperis.
5. Prior to the beginning of his civil commitment, Appellant was incarcerated in the
Texas Department of Criminal Justice beginning 1990.
6. Appellant has no source of income. See Attached Statement of Inability to Pay
Costs, Exhibit #1.
7. Appellant filed a Petition Seeking Less Restrictive Housing and Supervision in
Travis County.
8. In the trial court Appellant could not afford counsel. Appellant was represented in
the trial court by counsel paid for by his parents.
9. The trial court granted the Texas Civil Commitment Office's Plea to the
Jurisdiction. See attached order – Exhibit #2.
10.Appellant wishes to pursue an appeal of the trial court ruling granting the Texas
Civil Commitment Office's Plea to the Jurisdiction.
11.Appellant's parents are not paying an attorney to prosecute his appeal of the trial
court's order sustaining the Texas Civil Commitment Office's Plea to the
Jurisdiction. See Exhibit # 4.
12.Appellant cannot afford to pay costs, including either the Clerk's Record or the
Reporter's Record. See Attached Exhibit #1 Unsworn Declaration of Indigence.
13. Appellant's trial counsel will provide legal services in connection with the appeal
free of charge. See attached Unsworn Declaration of Counsel – Exhibit #3.
WHEREFORE, since Appellant has been declared to be indigent, that declaration has
not been challenged and Defendant does not oppose Appellant's motion to proceed in
forma pauperis, Appellant respectfully requests that this Court grant this motion
permitting Appellant to proceed in forma pauperis AND to excuse Appellant from the
obligation to pay costs.
Respectfully Submitted,
/s/ William A. Marshall
William A. Marshall
16011 Maplehurst Drive
Spring, Texas 77379
TBN 13048340
Tele: 713-301-2854
billmarshallpm@gmail.com
CERTIFICATE OF CONFERENCE
I contacted counsel for the Texas Civil Commitment Office (TCCO) by email to
determine whether TCCO is opposed to this motion. The Texas Civil Commitment
Office is not opposed to this motion.
/s/ William A. Marshall
CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of December, 2017, a true copy of the
foregoing Appellant's Unopposed Motion for Leave to Proceed In Forma Pauperis was
filed and served, through the eFile Texas system, on opposing counsel as follows:
Texas Civil Commitment Office
c/o Richard Huntpalmer
Assistant Attorney General
Law Enforcement Defense Division
Office of the Attorney General
P.O. Box 12548, Capitol Station
Austin, Texas 78711
email: richard.huntpalmer@oag.texas.gov
/s/ William A. Marshall
No. 03-17-00801-CV
In the Court of Appeals
Third Supreme Judicial District of Texas
Thomas R. Pilgrim
v.
Texas Civil Commitment Office
ORDER ON
APPELLANT'S MOTION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
ON THIS DATE came on for hearing Appellant's Motion for Leave to Proceed In
Forma Pauperis and to be excused from payment of costs.
The Court having considered Appellant's Motion and the attachments is of the opinion
that the motion has merit and should be granted. IT IS THEREFORE
Ordered that Appellant Thomas Pilgrim is granted leave to proceed in forma pauperis.
IT IS FURTHERED
Ordered that Appellant is excused from the payment of costs associated with this appeal.
Signed this ___ day of ________ 201_.
_________________________________
Judge Presiding
No. 03-17-00801-CV
In the Court of Appeals
Third Supreme Judicial District of Texas
Thomas R. Pilgrim
v.
Texas Civil Commitment Office
APPELLANT'S MOTION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
EXHIBIT #1
STATEMENT OF INABILITY TO PAY COSTS
No. 03-17-00801-CV
In the Court of Appeals
Third Supreme Judicial District of Texas
Thomas R. Pilgrim
v.
Texas Civil Commitment Office
APPELLANT'S MOTION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
EXHIBIT #2
ORDER SUSTAINING PLEA TO THE JURISDICTION
No. 03-17-00801-CV
In the Court of Appeals
Third Supreme Judicial District of Texas
Thomas R. Pilgrim
v.
Texas Civil Commitment Office
APPELLANT'S MOTION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
EXHIBIT #3
UNSWORN DECLARATION OF COUNSEL
No. 03-17-00801-CV
In the Court of Appeals
Third Supreme Judicial District of Texas
Thomas R. Pilgrim
v.
Texas Civil Commitment Office
APPELLANT'S MOTION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
UNSWORN DECLARATION
My name is William A. Marshall. My Texas Bar Number is 13048340, and my address
is 16011 Maplehurst Drive, Spring, Texas, and USA.
I am the attorney for Thomas Pilgrim in the captioned matter. While I was paid for my
services in the trial court by Mr. Pilgrim's parents, I will be providing legal services to
Mr. Pilgrim in the appeal of the trial court's ruling on the Texas Civil Commitment
Office's Plea to the Jurisdiction free of charge. I do expect Mr. Pilgrim to contribute to
payment of expenses
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Bartholmew County, State of Indiana, on the 1st day of December 2017.
/s/ William A. Marshall
Declarant
No. 03-17-00801-CV
In the Court of Appeals
Third Supreme Judicial District of Texas
Thomas R. Pilgrim
v.
Texas Civil Commitment Office
APPELLANT'S MOTION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
EXHIBIT #4
LETTER FROM APPELLANT'S PARENTS