Tout, James Emil ( 2015 )

WR-83,995-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/12/2015 11:37:12 AM
No. ______________________ Accepted 10/12/2015 11:49:18 AM
ABEL ACOSTA
CLERK
IN THE COURT OF CRIMINAL APPEALS OF TEXAS, AT AUSTIN
RECEIVED
In re James Emil Tout COURT OF CRIMINAL APPEALS
10/12/2015
Relator ABEL ACOSTA, CLERK
Motion for Leave to File Application for Writs
of Mandamus & Prohibition
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW, James Emil Tout (“Relator”), by and through
his undersigned attorneys, Gary A. Cohen, John G. Jasuta, and
David A. Schulman, complaining of the actions of the Parole
Division of the Texas Department of Criminal Justice (“the
division”) and the Board of Pardons and Paroles (“the Board”), and
requesting that this Honorable Court grant him leave to file an
application for writs of mandamus and prohibition. In support of
this request, Relator would show the Court:
Applicant is currently confined in the West Texas
Intermediate Sanctions Facility in Brownfield, Texas. He was
convicted in 2008, in Williamson County, of the offense of driving
while intoxicated. Relator was paroled on May 21, 2012, and,
having previously been convicted of attempted sexual assault of a
child, was placed on the “sex offender caseload.”
Applicant is challenging the legality of his confinement in a
post-conviction application for writ of habeas corpus pursuant to
Article 11.07 § 3, et seq., C.Cr.P. In the application he wishes to
file, and which will be presented to the Court through the
mandatory eFiling system, he will demonstrate to the Court that
his right to seek habeas corpus relief is not an adequate remedy at
law, and he has a clear right to the relief sought, which is designed
to prevent the Division and the Board from punishing parolees,
himself included, solely for the exercise of their right, under the
Fifth and Fourteenth Amendment to the Constitution of the United
States, to remain silent and not submit to mandatory polygraph
examination.
Prayer
Relator respectfully prays this Court to enter an Order
granting him leave to file an application for writs of mandamus
and prohibition.
Respectfully submitted,
Gary J. Cohen John G. Jasuta
Attorney at Law Attorney at Law
The Cohen Law Firm 1801 East 51st St. Ste 365-474
9300 Research Blvd, Suite 300 Austin, Texas 78723
Austin, Texas 78759-6553 Tel. 512-474-4747
Tel. (512) 476-6201 Fax: 512-532-6282
Fax: (512) 477-5773 lawyer1@johnjasuta.com
garycohen@parolelaw.com State Bar No. 10592300
State Bar Card No. 04508300
__________________________________
David A. Schulman
Attorney at Law
1801 East 51st Street, Suite 365-474
Austin, Texas 78723
Tel. 512-474-4747
Fax: 512-532-6282
zdrdavida@davidschulman.com
State Bar Card No. 17833400
Attorney for Relator, James Emil Tout
Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using
WordPerfect™ X7 software, contains 404 words, excluding those
items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies
with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on
October 12, 2015, a true and correct copy of the above and
foregoing “Application for Writs of Mandamus & Prohibition” was
transmitted via electronic mail (eMail) to John Presa
(jprezas@wilco.org), Assistant District Attorney for Williamson
County; Bettie Wells (bettie.wells@tdcj.texas.gov), General Counsel
for the Board of Pardons & Paroles; and Sharon Felfe Howell
(sharon.howell@tdcj.state.tx.us), General Counsel for the Texas
Department of Criminal Justice.
______________________________________
David A. Schulman