in Re: Donald Adkins ( 2015 )

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FILED IN COURTOF APPEALS
12th Court ofAppeals District
IN THE COURT OF APPEALS
JUL 13 2015
TWELFTH COURT OF APPEALS DISTRICT
dm
TYLER TEXAS
TYLER, TEXAS CATHY S. LUSK, CLERK
DONALD ADKINS
Relator
-V-
CHARLES R. MITCHELL
Respondent
ORIGINAL PROCEEDING
Relator's Application for Writ of Mandamus
Contents
Page(s)
1-6 Relator's Original Application for Writ of Mandamus
6 Certificate of Service
7 Affidavit of Fact
8 Notice to: The Justice of the Twelfth Court of Appeals
9 Certificate of Interested Persons
10 Appendix:
Case Pg(s)
Hains v. Kerner 92 S. Ct. 594,596 8
Zuniga v. Zuniga 13 S,W. 3rd 798,803 8
Barnes v. State 832 S.W. 2nd 424,426 8
Birdo v. DeBose 819 S.W. 2nd 212,216 8
Exhibits No. #
Inmate Request to Officals A
Letter to: Sabine Co. Sheriff B
Letter to: The Honorable, Charles Mitchell C
Motion to: Dismiss Pending Causes/Memorandum D1/D2
IN RE, DONALD ADKINS IN THE TWELFTH CIRCUIT
-V- COURT OF APPEALS
CHARLES R. MITCHELL
DISTRICT JUDGE
SABINE COUNTY, TEXAS
AND
MR. J. KEVIN DUTTON
DISTRICT ATTORNEY
SABINE COUNTY, TEXAS
RELATOR'S ORIGINAL APPLICATION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, Donald Adkins, Relator in pro-se, to bring forth
before this Honorable Court this Original Application for Writ of
Mandamus pursuant to Tax. Gov. Code Ann. § 22.221, Vernon's
Ann. C.Ce.P. art 4.03, 4.04, and 4.08 and the constitution of
both the State of Texas, and the United States, and not limited
there to...and will show this Honorable Court the following:
RELATOR
Donald Adkins, TDCJ-CID No. 1792685, is currently
incarcerated in the Ramsey One Unit, 1100 F.M. 655, Rosharon, Texas
77583, Brazoria County.
Relator has exhausted his remedies and has not other adequate
remedy at lav;. The action sought to be compelled is ministerial,
and not discretionary in nature.
District Attorney J.K. Dutton and the District Court's
Honorable Judce, Charles R. Mitchell of Sabine county, Texas has
a sworn duty to uphold the constitution and laws of the State of
Texas, and our Federal Government... and, Fast and Speedy trial,
and has failed to do so or has blatantly disregarded their
obligation they sworn to uphold upon appointment or hire.
II.
RESPOWDENT(S)
Respondent(s) , district attorney Dutton as well as the
Honorable judge Charles R. Mitchell, of the Sabine County
Judicial District Court of Texas hflsthe duty to secure and
protect the Relator's due process and, fast and speedy trial
rights under State and Federal law, and State and Federal
Constitution.
Ill
PROCEDURAL HISTORY
1. On or about August 4, 2011, notification of pending
charges became known to Relator out of the County of Sabine,
State of Texasand the Relator requested his attorney, Steve Smith
to invoke Speedy Trial Rights on Sabine County of Texas, Court's
thereof.
2. No document evidence is in possession of the Relator^*/
3. On the dates of October 17, and November 20, 2012,
Relator sent to Sabine County Court and prosecution Motions for
Speedy Trial and Bench Warrant.
4. The Respondents and Court thereof never responded to the
motions filed on October 17, and November 20, 2012.
5. On December 16, 2013, Relator filed (mailed) a Motion to
Dismiss pending charges, complaints, indictments... et-cetra.
6. Respondents and/or Court thereof never responded.
7. On January 17, 2014, a letter to the clerk of the court
of Sabine County, Texas... explained actions priorly taken by
Relator and not response was provided and, Relator requested
status.
8. On February 19, 2014, a letter explaining the above
Number 1-7 herein of this writ's procedural history... was mailed
to "Honorable Judge, Mitchell of Sabine County, Texas, an
requested assistance in the interest of justice and as of this
date no response.
9. Within numbers 1-8 of this writ's procedural history, the
Relator has directed his rights to speedy trial an rights secured
bu federal constitutional law.
10. Relator, under State and Federal law, provided notice to
Respondents and the State of Texas, county of Sabine... in
writing through his documents filed (mailed) with the Courts of
Sabine County, Texas. See 1-9 of this writ's procedural history.
11. The Respondents have placed holders (warrants) against
the Relator in his prison placement classification screen -
preventing proper review of parole and institutional security
levels for privileges, rights enjoyed by others, and parole
considerati on.
12. The holders are unconstitutional and deny the freedoms
and privilege due to the Relator.
VI.
MEMORANDUM
The issuance of a writ of mandamus is a extreme remedy. Its
use is limited to instances where: 1). A official has failed to
preform a lawful, essentially ministerial duty; 2). The Relator
has not other viable remedy at law to compel the official to act.
The Respondents have failed to prevent violations of the
Relator's rights to due process and fast and speedy trial and in
so doing dismissing all warrants, holds, indictments, complaints
et-cetra against him known or unknown to the Relator and by
failure of Respondents to perform their duties have prejudiced
the Relator and violated his secured rights.
The writ of mandamus is the only viable remedy at law to
compel the officials to act.
The Respondents has failed to perform their duties to
secure the Relator's secured rights, and further dismiss all
complaints, warrants, holds et-cetra against the Relator when he
further attempted to remedy the matter before this Honorable
Court of his violated rights by multiple attempts to obtain a
fast and speedy trial and dismissal of the addressed complaints,
warrants, holds, et-cetra after gross neglect of the Respondents
during the years of attempted remedies by the Relator! It is
clear that the Respondents have either failed or refused to even
attempt to comply with State and Federal law and/or secured
constitutional amendments. Consequently, the lasp of time has
prejudiced any defense the Relator would have had in rememberance
of detail, knowledge of witnesses and vital culpable and
5
exculpable facts necessary tc show actual innocence or key
factors. It must be evident that this Relator has attempted any
and all appropriate exhaustive attempts of a remedy and all such
attempts has thus far failed to remedy the issues at hand and
error lies on part of the trial court of Sabine County, Texas in
this case and that the primary issue for this appellate court
must be in the interest to enforce the constitution of both State
and Federal Government and restore the rights that are being over
looked in ignorance of multiple attempts made by this Relator.
The actions of the Respondents are not in the best interest
of justice.
Jurisdiction is proper, not just by statue under Texas State
law, or that of rule of court, but... for interest tc secure our
constitutional intent set forth by our forfathers to overturn the
crown and a single sided monarchy.
This Court has "un-wavering" jurisdiction, by rule cf Court
and rights of Relator.
V.
PRAYER FOR RELIEF
Wherefore Premises considered, Relator, Donald Adkins... in
pro-se, respectfully request that this Honorable Court finds that
the Respondents has either failed or refused to perform its
ministerial duty and has not upheld the letter of the law and/or
the constitutional intent and therefore, set forth the following:
The Relator prays for an order by this Honorable Court
directing the Respondents to comply with the mandates set forth
by the constitution in the Promise of Due Process and a fast and
speedy trial and dismiss with prejudice all counts held against
the Relator being called a complaint, warrant, indictment
et-cetra addressed by the Relator in his many attempts made in
his procedural history section III of this application of a writ
for mandamus were he proves Respondents has created grounds for
this writ to issue.
Respectfully Su/bmitted,
Donald Adkins, Pro-Se
TDCJ-CID No. 1792685
Ramsey One Unit
1100 F.M. 655
Rosharon, Tx. 77583
CERTIFICATE OF SERVICE
I do hereby certify that a complete copy of the foregoing
Application for Writ of Mandamus was sent via U.S. mail to:
1. Charles R. Mitchell 2. J. Kevin Dutton
273rd District Court District Attorney
Sabine County, Texas Sabine County, Texas
Mailed this ffaay of July 2015, by way of Regular U.S. mail.
Respectfully Submitted,
Donald Adkins, Pro-Se
TDCJ-CID No. 1792685
Ramsey One Unit
1100 F.M. 655
Rosharon, Tx. 77583
\ 1
AFFIDAVIT OF FACT
I, Donald Adkins, do hereby state:
1. I am Donald Adkins, Relator in the accompanied
application for writ of mandamus and this affidavit residing at
1100 F.M. 655, Rosharon, Texas 77583 with TDCJ-CID No. 1792685.
2. I do hereby state that all claims made before this
Honorable Court in the referenced application of writ of mandamus
are of fact to the best of my knowledge.
I do hereby under oath make there claims as fact before this
Honorable Court and do so under the laws of perjury.
Donald Adkins
TDCJ-CID No. 1792685
Ramsey One Unit
1100 F.M. 655
Rosharon, Tx. 77583
%
To the Honorable Justices of the Twelfth Court of Appeals:
Please take into consideration that Relator is by no means a
lawyer, nor a paralegal. Relator is merely a layman of the law;
and, therefore, prays this Court review his Petition for Writ of
Mandamus with patience, liberality, and affording the greatest
relief that can be construed to his benefits and deserves in the
i nterest of justi ce .
Pro-Se pleadings are held to less stringent standards than
formal pleadings drafted by a lawyer, and thus an appellate court
will review such pleadings with patience and liberality. See
federal precedent, applied to TEXAS 'appellates' pleadings, In Re
Taylor. 28 S.W.3d at 245 (Tex.App.- Waco 2000), counsels:
"The United States Supreme Court has instructed that we hold pro-se
pleadings 'to less stringent standards than formal pleadings drafted by
lawyers'. Hains v. Kerner. 92 S. Ct. 594, 596 (1972; accord Zuniga
v. Zuniga. 13 S.W.3d 798, 803 (Tex.App. San Antonio 1999, no. pet.);
Barnes v. State. 832 S.W.2d 424, 426 (Tex.App. Houston ":1st Dist.] 1992,
orig. proceeding); Birdo v. DeBose, 819 S.W.2d 212, 216 (Tex.App. Waco
1991, no writ). Thus, we review such pleadings 'with patience and
liberality'. Barnes. 832 S.W.2d at 426; accord Birdo, 819 S.W.2d at
216."
Relator presents the following issue to the best of
Relator's ability with utmost respect to this Honorable Court
Justices.
Respectfully Submitted,
Donald Adkins, Pro-Se
TDCJ-CID No.1792685
1100 FM 655
Rosharcn, Texas 77583
CERTIFICATE OF INTERESTED PERSONS
I, Donald Adkins, TDCJ-CID No. 1792685, proceeding pro-se,
certify that the following list constitutes those persons
interested in the outcome of this litigation.
Charles R. Mitchell
273rd District Court, Sabine County
200 San Augustine Street
Center, Tx. 75935
J. Kevin Dutton
District Attorney of the 273rd District Court
P.O. Box 714
San Augustine, Tx. 75972
Res fully Submitted,
Donald Adkins, Pro-Se
TDCJ-CID No. 1792685
Ramsey One Unit
1100 F.M. 655
Rosharon, Texas 77583
n TEXAS DEPARTMENT OF CRIMINAL JUSTICE — INSTITUTIONAL DIVISION
INMATE REQUESTTO OFFICIAL
REASON FOR REQUEST: (Please check one)
PLEASE ABIDE BY THE FOLLOWING CHANNELS OF COMMUNICATION. THIS WILL SAVE TIME, GET YOUR REQUESTTO THE
PROPER PERSON, AND GET AN ANSWER TO YOU MORE QUICKLY.
1. D Unit Assignment, Transfer (Chairman\of Classification, 5. LI Visiting List (Asst. Director ofclassification, Administration
Administration Building Building)
2. Li Restoration of Lost/overtime (hlnipvVarden-if approved, it 6. LI Parole re&iuiremerityand related information (Unit Parole
will be forwarded td the State Disciplinary Committee) Counselc r)
3. LI Request for Ppmotion Jn Class otto Trusty Class 7. LI Inmate P, isonfaecord (Request for copy of record, infor
(Unit Warden- itapproydd, will befo/wara^f to the Director mation or pa/ole eligibility/tH^charge date, detainers-Unit
of Classification) Administr, itjpn)
4. • Clemency-Pardon, parole, earlyout-mandatorysupervision 8. • Personal Interview with a representative of an outside
(Board of Pardons and Paroles, 8610 Shoal Creek Blvd. agency (Treatment Division, Administration Building)
Austin, Texas 78757)
TO:
(Name and title of official)
DATE S- )3
ADDRESS &l.
SUBJECT: Statebriefly theproblem on which youdesire assistance
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THE STATE OF TEXAS
IN THE District
-Vs-
W ...Cff SAI I OS JOiJNTY, TEXAS
DQNALD ADKTJJS
Defendant ££-'..
S SNOBIG CAUSE,
CflHHABff, BPIC3*gaf».«l-catta
NotJ eonea Defendant, Donald Adkins, in pro-se*. *, to respectfully request
this Honorable Court to Dismiss [All,] Pending QiargeSjOoraplalnts, Lncicfnents.
or any end all actions against tne above defendant hereina. .Of the Defendant's
Knowlwd^a, the cause Ke.(s): lfliO067, If110059, ifll0Go3, IfliOOol, I£110065
era currently against hiai withiu tne County or Sabine tne State of Terns...,/
and farther address any and ail known or unknot? investigational causes sgai.net aim
within the Courts of StMae County, and the State of Taxas_(Jurisdiction thereof).
The Defendant Sets forth this Motion through Roth the Gonstl3(Sutioo(s) of
Texas ana tne United States...IKS. Gon. 6tih An«ndftArt.ll§10 of Texas
The Petioner-Defendant respectfully request that this Honorable Court set-fort£i
dismissal of the above rormentioned with Prejudice.
The Defendant Furthers In support this taottan with: "umoranijm in Support and
aAffidavit of inability to pay (in form* pauperis). (^fldj6$"" ^0^
Resj lectfu Ily Subsi cted;
ild Adirf • ;.o-pro-se
£1792b6f;
Boofaaa Ttoas 75418
£x: "DA
Memorandum in support
The Defendant, Qona.i.d Adki-s. mo^es «-h1s Honorable ^our!. in his Motion
to request *:he