Leonard Ray Jackson v. Bexar County District Clerk in Her Official Capacity

Jackson · Texas Court of Criminal Appeals · May 18, 2015

Summary

This document is a pro se original application for writ of mandamus filed by Leonard Ray Jackson in the Texas Court of Criminal Appeals. The application asks the court to direct the Bexar County District Clerk to transmit Jackson’s motion for full access to district attorney files, related filings, and a certificate concerning the motion to the convicting court. The document also includes the underlying motion, affidavit, and certificates of service.

Court
Texas Court of Criminal Appeals
Jurisdiction
Texas
Decision date
May 18, 2015
Procedural posture
Original application for writ of mandamus seeking to compel the Bexar County District Clerk to transmit the relator's motion, any answers filed, and a certificate concerning the date of the convicting court's ruling to the district court.
Standard of review
Mandamus relief requires the relator to establish a clear right to relief, generally involving violation of a ministerial duty, and the absence of an adequate remedy at law.
Precedential value
No precedential value can be determined from the provided application, which does not include a court ruling.
Parties
Leonard Ray Jackson, relator v. Bexar County District Clerk in her official capacity, respondent
Disposition
other

Topics

appellate procedurecriminal procedurepost-conviction reliefstate post-conviction relief

Practice areas

criminal procedureappellate proceduremandamuspost-conviction reliefpublic records

Questions Presented

  1. Whether the Bexar County District Clerk had a ministerial duty under Texas Code of Criminal Procedure article 2.21 to receive, file, and transmit Jackson's motion and related documents to the convicting court.
  2. Whether Jackson was entitled to mandamus relief based on an alleged violation of that ministerial duty and the lack of an adequate remedy at law.

Key quotations

In a criminal proceeding,a clerk of the District or County SALL: receive and file all papers (2)

Factual background

Jackson, an incarcerated criminal defendant, stated that he mailed a motion for full access to the Bexar County District Attorney's files to the district clerk. He alleged that the clerk received the motion but failed to transmit it to the district court, provide any answers filed, or provide a certificate stating when the court made its ruling. Jackson asserted that he repeatedly requested transmission and received no response.

Procedural history

Jackson filed an original pro se application for writ of mandamus in the Texas Court of Criminal Appeals. He alleged that the Bexar County District Clerk failed to transmit his motion for full access to district attorney files and related documents to the convicting court as required by Texas Code of Criminal Procedure article 2.21. The provided document contains the application and supporting materials but does not state a ruling or disposition by the Court of Criminal Appeals.

Court Document

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