Case Number: PER CURIAM

Judge: PER CURIAM Sitting: Sandee Bryan Marion, Marialyn Barnard, Rebeca C. Martinez

Court: Fourth Court of Appeals San Antonio, Texas

Plaintiff's Attorney: Nicholas LaHood

Defendant's Attorney: Robert Martinez

Description: Relator, Robert Martinez, has filed numerous original proceedings with this court
complaining either of the trial court’s failure to rule, the failure of his trial attorney(s) to
communicate with him, or the district clerk’s failure to provide him copies of documents. On May
30, 2018, relator filed another petition for writ of mandamus, asking this court to direct the trial
court to order that he be provided with copies of affidavits from three former trial attorneys.
The mandamus record contains copies of three April 19, 2016 “Order[s] on Application for
Post Conviction Writ,” in which the trial court ordered Yolanda Huff, J. Charles Bunk, and Edward
Francis Shaughnessy to respond to relator’s allegations of ineffective assistance of counsel by
affidavit. In each order, the trial court ordered Ms. Huff, Mr. Bunk, and Mr. Shaughnessy to
deliver the affidavit and summation to relator and to the Bexar County District Attorney
Conviction Integrity Unit.
In his petition for writ of mandamus, relator contends he has not received his copy of the
affidavits. Relator asserts respondent, the Honorable Jefferson Moore, has refused to order that
the affidavits be delivered to him. The mandamus record also includes a copy of an April 13, 2018
letter purportedly mailed to Bexar County District Clerk Donna Kay McKinney and to the Federal
Court Clerk’s Office located in San Antonio in which he requests a search for and the cost to
purchase copies of the affidavits.

Outcome: Relator has not provided this court with a record showing the trial court was made aware of any specific motion requesting relief and that such motion has not been ruled on by the trial court for an unreasonable period of time. In re Gallardo, 269 S.W.3d 643, 645 (Tex. App.—San Antonio 2008, orig. proceeding.). Therefore, we must deny the petition for writ of mandamus.2

Plaintiff's Experts:

Defendant's Experts:

Comments: