RECEIVEI:l IN ©OORT OF CRIMINAl APPEALS

JUN 2 4 2015

TO: COURT OF CRIMINAL APPEALS P.O. BOX 12308 CAPIT.QL STATION AUSTIN, TEXAS 78711-2308

FROM: RONNIE DWAYNE McKEE#l841949 McCONNELL UNIT )qOl SOUTH EMILY DRIVE BEEVILLE, TEXAS 78102

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RONNIE DWAYNE McKEE VS. THE STATE OF TEXAS IN RE: TO CAUSE#1366229-A FILING WRIT OF MANDAMUS

DEAR CLERK; ENCLOSED PLEASE FIND MY ORIGINAL COPY OF THE WRIT OF MANDAMUS PLEASE FILE WITH THE COURT SEND TO ME A COPY OF THE SAME STAMPED AS FILED FOR MY RECORDS MY ADDRESS IS LISTED ABOVE.

RONNIE DWAYNE McKEE

RONNIE DWAYNE McKEE

v.

STATE OF TEXAS

CAUSE#1366229-A

IN THE 337th. JUDICAL

DISTRICT COURT OF HARRIS COUNTY TEXAS

TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW RONNIE McKEE RELATOR PRO-SE IN TKE ABOVE STYLED AND NUMBERED CAUSE OF ACTION AND FILES THIS ORIGINAL WRIT OF MANDAMUS, PURSUANT TO ARTICAL 11.07 SECTION 3(c) OF THE TEXAS CODE OF CRIMINAL PROCEDURE, AND WOULD SHOW THE COURT THE FOLLOWING:

I . RELATOR RONNIE McKEE TDCJ#1841949 IS AN OFFENDER INCAR­CERATORED IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND APPEARING PRO-SE, WHO CAN BE LOCATED AT THE JESTER 3 UNIT 3 JESTER Rd. RICHMOND,TEXAS 77406 RELATOR HAS EXHAUSTED HIS REMEDIES AND HAS NO OTHER ADEQUATE REMEDY AT LAW. THE ACT SOUGHT TO BE COMPELLED IS MINISTERIAL NOT DIS­CRETIONARY IN NATURE. TCCP ART.11.07 SECTION 3(c) REQURIES RESPONDENT TO IMMEDIATLY TRANSMIT TO THE COURT OF CRIMINAL APPEALS A COPY OF THE APPLICATION FOR WRIT OF HABEAS CORPUS NAY ANSWERS FILED, AND A CERTIFICATE RECITING THE DATE UPON WHICH~THAT FINDING WAS MADE IF THE CONVICTING COURT DECIDES THAT THESE ARE NO ISSUES TO BE RESOLVED. NO COPY OF APPLICATION FOR WRIT OF HABEAS CORPUS,!ANY ANSWERS FILED, AND A CERTIFICATE RECITING THE DATE UPON WHICH THAT FINDING WAS MADE HAVE BEEN TRANSMITTED TO YHE COURT OF CRIMINAL APPEALS BY RESPONDENT AS ~EQUIRED BY STATUTE, RELATOR WOULD HAVE RECIEVED NOTICE FROM THE COURT OF CRIMINAL APPEALS.

II. RESPONDENT SILVIA PUBCHARA IN HER CAPACITY AS COURT APPOINTED ATTORNEY OF HARRIS COUNTY TEXAS HAS A MINISTERIAL DUTY TO RECEIVE AND FILED ALL PAPERS IN A CRIMINAL PROCEDING, AND ; PERFORM ALL OTHER DUiiES IMPOSED ON THE CLERK BY LAW PURSUANT TO TCCP ART. 2.21 AND IS RESPONSIBLA UNDER TCCP 11.07 SECTION 3(c) TO IMMEDIATELY TRANSMIT TO THE COURT OF CRIMINAL APPEALS. A COPY OF THE APPLICATION FOR WRIT OF HABEAS CORPUS, ANY ANSWERS FILED, NAD A CERTIFICATE RECITING THE DATE UPON WHICH THAT IFNDING WAS MADE IF THE CONVICTING COURT DECIDES THAT THERE ARE NO ISSUES TO BE RESOLVED, SILVIA PUBCHARA MAY BE SERVED AT HER PLACE OF BUSINESS AT 12GREENWAY PLAZA SUITE 1100 HOUSTON TEXAS 77046

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D. VIOL~TION.QF ARTICLE 11.07 OF THE TRXAS rnnR OF CRTMINAT. PROCEDURE.

THE RESPONDENT VIOLATED ARTTr~E-11.07 SErTTON 3(c) OF THE TRXAS COD.E OF CRTMTNA L PROrRDURE BY FAIL TNG TO PROVIDR A COPY OF THE APPLICATION FOR WRIT OF HABEAS CORPUS, ANY ANSWERS FILED, AND •. CERTIFICATE RECITTNG THE DATE UPON WHICH THAT FINDING WAS MADE TO THE COURT OF CRIMTNAL APPRAT.S WTTHJ:N THE TIME PERSCRTRED BY LAW AND WITHIN A REASON8LE TIME FROM THE DATE ON WHICH THE DOCUMENTS WERE REOUESTRn TO BE TRANSMITTEn- REQUE~T FOR THE TRANSMITTAL OF THE APPLICATION. FOR THE WRIT OF HAREM:; r.ORPUS ANY ANSWERS FILED, AND A CERTIFICATE RECITING THE DATE UPON WHICH THAT FINDIN(; WAS MIADE WERE MADE BY RRT.ATOR TO CHRTS DANIEL DISTRICT CLERK, HARRIS COUNTY TEXAS BY U.S. POSTAL SERVICE MAILED LETTERS DATED MAY 12,2014 & MARCH 3rd.2015, PURSUANT. TO ART I CAL 11. 07. SECTION 3 (c) OF THE·. CODE OF CRIMINAL PROrRDTTRE TRUE AND ACCURATE COPIES OF THE ABOVE LETTERS ARR ATTACHED HERETO AS E~HIBITS (A THROUGH E) AND ARE INCORPORATED BY REFERANCE HEREIN OF ALL PURPOSE. TO DATE RELATOR HAS RECIEVED NO RESPONSE FROM RESPONDENT REGARDIN(; RELATORS REQUEST FOR TRANSMITTAL OF A COPY OF THE APPLICATION FOR _WRTT OF HABEAS CORPUS, ANY ANSWERS FILED, AND A CERTIFICATE RRCITIN(; THE ~~-~

DATE UPON WHICH THAT FINDTN(; WAS MADE TO THE COURT OF CRTMTNAL APPEALS.

AS IS CLEAR FROM RELATORS LETTERS (SRE EXHIRITS A-E) RELATOR HAS REPEATEDLY PUT RESPONDENT ON NOTICE THAT THE RELATOR SEEKS THE TRANSMITTAL OF A COPY THE APPLICATTON FOR WRIT OF HABEAS CORPUS· ANY AN~WERS FTLED ANn A CERTTFICAT~ RECITTNG THE DATE ON WHICH THAT FINDING WAS MADE TO THE ronRT OF CRIMINAT. APPEA T.S AND TR AT .. SUCH RECORDS ARE REOUIRRn BY TRE COURT OF CRIMINAL APPEALS TO ACT ON RELATORS WRIT OF HABEAS CORPTTS. RELATOR HAS GONE WELL BRYOND ANY REOfJIREMENT OR OBLIGATIONS IMPOSED UPON HIM BY THE TEXAS CODE OF CRIMINAL PROrEDTTRE, IN CONTRAST TO RELATORS EFFORTS, RESPONDANT HAS WHOLLY FAILED TO OCMPLY WITH THE TEXAS CODE' OF CRIMINAL PROCEDURE, ARTICLE 11.07 SECTION 3(c), IS ACTING IN BAD FAITH, AND HAS ALSO FAILED TO AFFORD RELATOR THE PROFESSIONAL-AND COMMON COURTESY OF ANY WRITTEN RESPONSES TO HIS CORRESPONDENCE AND REOTJEST. ARTICLE11.07 SECTION 3(c) CLEARLY STATES THAT (1) IF THE CON­VICTING COURT DECIDES THAT THERE ARE NO SUCH ISSUES. THE CLERK SHALL IMMEDIATELY TRANSMIT.(EMPHASIS ADDED) TO THE rOTTRT OF CRIMINAL APPRA T.S A COPY OF TRE APPL I rATION ANY ANSWERS FTT.ED AND A _CERTIFICATE RECITING THE DATE UPON WHICH THAT FINDING WAS MADE. FAILURE OF THR COURT TO ACT WITHIN THE ALLOWED 20

~~~~-~~~~L-~~~~~~T~~E-~U~H_A_ FINDIN(;. TEXAS CODE OF CRIMINAL .c ~ROCEDURE. A:RTICLE--·11. 07' SECTION3 (c) RESPONDENT IS IN VIOLATION

OF THIS PROCEDURE, MINISTERIAL DUTIES, AND THUS THE LAWS OF THIS STATE.

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PRAYER FOR RELIEF IV.

WHEREFORE, PREMISES CONSIDERP.D, RELATOR RONNIE McKEE, PRO-SE RESPECTF'fTLLY REOUEST A FTNDTNC:: THAT THE RESPONDENT DID NOT TRANMIT DOCUMENTS TO.THE COURT OF CRTMINAL APPEALS WITHTN A REASONBLE TTME AF'TP.R THE ADTE THP.Y WERE REQUESTED AND THAT RELATOR BROUGHT THIS LTTIGATTON IN GOOD FAITH AND HAS SUB­STANTIALLY PREVAILED. RELATOR PRAYS FOR AN ORDER DTRECTTNC:: RESPONDENT. TO TRANSMIT A COPY OF THE APPLTC:ATION FOR WRTT OF HABEAS CORPUS, ANY ANSWERS FTLED, AND A CERTTF'ICATP. RP.C:TTTNC:: THE DATE UPON WHICH THAT FTNDTNC:: WAS MADE TO THE COURT OF CRIMINAL APPEALS AS DTRECTEDIN ARTTC:LE 11.07 SEC:TTON 3(c)OF THE TEXAS C:ODE OF CRIMINAL PROC:P.DIJRE AND AS RP.nUESTED IN RELATORS LETTERS fEXHTBITS A T~ROUGH E).

RESPECTFULLY SUBMTTTED.

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INMATES~DECLARATTnN

I RONNTE DWAYNE McKRR RETNC:: PRESR1\1TT.Y TNCARSERA'T'Rn TN THE

TEXAS DRPA R'T'MR1\1'T' 0~<' ('R TM (NAT. JUSTICE DECLARR UNDER PENALTY

OF PER.HTRY THA'T' AC"'C"'nRTHNC:: Tn MY BET.TEF THR FACTS STATEn IN THE APPLICATTnN ARR TRUE ANn CORRRCT.

STC::NRn ON_x~ _ _!_111fk __ _:_ ___________ _

NOTICE OFFENDER NOTARY PUBLIC SERVICE.

A TC-060 (Rev. 7) Attachment 2

Under both Federal law (28 U.S.C § 1746) and State law (V.T.C.A. Civil Practice & Remedies Code, §132.001-132.003), offenders incarcerated in Texas may use an unsworn declaration under penalty of perjury in place of a written declaration, verification, certification, oath, or affidavit sworn before a Notary Public.

1 .Bonoi{ fAvMfllt fv1Cf-ct- (insert off~r name .and IDCJ nu~ber), bei~g presently incw=cl;ted in /J4[onn~ (msert TDCJ umt name), m ____ ..c.lm~._, __ County, Texas, declare under penalty of perjury that the foregoing is true and correct.

Executed on the /q day of dLi~· 20K_.

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

Regarding your request necessitating Notary

(Signature -

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NOTICEd:(. /~'-{lq yq NOTARY PUBLIC SERVICE DENIAL

for Notary Public service, insufficient justification was provided However, you may proceed with an Unsworn Declaration.

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• EXHIBIT A 1 of 3 Paqes FILED Chris Daniel Dfstrfct Clerk

. JAN 2 1 2014 Cause No. 1366229-A nmo: \Bbti1:.'~~~nty, rexa/

BY. . ··~. -\ ' i,.-··, /

EX PARTE

RONNIE DWAYNE MCKEE, Applicant

§

§

§

IN THE 33yth piSTRICT C00~T~<\ __ .... -' !

OF '-J HARRIS COUNTY, TEXAS

STATE:S PROPOSED ORDER DESIGNATING ISSUES AND FOR FILING AFFIDAVIT

. Having considere-d the applic<=!tion for writ of habeas corpus in the

above-captioned cause and the State's original answer, the Court finds that

the issue of whether -the applicant was denied effective assistance of ~

counsel still needs to be resolved in the present case. Therefore, pursuant

to Article 11..07, §3(d), this Court will resolve the above-cited issue and

then enter findings ·of fact.

To assfst the Court in resolving these factual issues, counsel Silvia ...

Pubchara is ORDERED to file an affidavit summarizir-)Q his actions as.

counsel for the applicant_ in the primary case, cause number 1366229, and

specifically responding to the following:

1. Please describe any pre-trial discovery or investigation· Pubchara did

into the applicant's case. If Pubchara's investigation or discovery was

limited in any way, please explain. Specifically, please state whether

Pubchara attempted to locate any videos of the incident in the instant

~case, and if not, why not. I

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EXHIBIT A 2 of 3 Paoes

V 2. ·Please summanze any advice Pubchara gave to the applicant I

concerning whether to go to trial or plead guilty. (Please include

whether Pubchara told th e applicant that "at this point, 25 years

aggravated would do you good.").

3. Please explain the $3,400.00 notation on the trial court's Case Reset

Form dated 02/05/13. . I

4. Please describe the manner and the degree to which Pubchara

reviewed the plea papers and admonishments .with the applicant;· if i . . .

Pubchara does not have an independent recollection of the event,

please state what Pubchara's usual and customary practice was, and

also state whether Pubchara has any reason to believe that Pubchara

V" -~ from that practice in this particular case.

5. Please state whether Pubchara believes that the applicant fully

understood the range of punishment and consequences of his plea.

6. Please state whether Pubchara believes the applicant's plea was

knowingly and voluntarily entered.

The applicant's trial counsel Silvia Pubchara is ordered to file said

affidavit with the Post-Conviction VVrit Division of the District Clerk's Office, \

1201 Franklin, Third Floor, Houston, Texas 77002, within TWENTY DAYS

of the signing of this Order.

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'.,. f . EXHIBIT A 3 of 3 Paqes

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f The Clerk of the Court is ORDERED to send a copy o.f this· Order to

the applicant and to the State, and to serve copies of this Order and the

application to:

Ms. Silvia Pubchara 12 Greenway Plaza, Suite 1100 Houston, Texas 77046

When the affidavit of Silvia Pubchara is received, the Clerk is

ORDERED to send a copy of said .affidavit to the applicant, Ronnie McKee,

#1841949- Wynne Unit, .810 F.M. 2821, Huntsville, Texas 77349; and a

copy to Counsel for the State, Assistant District Attorney Eva Flores, 1201

Franklin, Suite 600, Houston, Texas 77002. ·

The Clerk of the Court is ORDERED NOT to tra~smit at this time any

documents in the above-styled case to the Court of Criminal Appeals until I

further ordered by this Court.

By the following signature, the Court adopts the State's Proposed

Order for Filing Affidavit in Cause Number 1366229-A.

Signed this d / day of ~JM:J-= '2014 .

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PRESIDING JUDGE

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