in Re Maurice Ellison ( 2019 )

IN THE
TENTH COURT OF APPEALS
No. 10-18-00391-CR
IN RE MAURICE ELLISON
Original Proceeding
MEMORANDUM OPINION
In this mandamus proceeding, Maurice Ellison requests this Court to order the
Johnson County District Clerk to respond to Ellison’s motion for new trial by sending
Ellison a copy of the filed motion, any answer filed, or “a certificate reciting the date upon
which any finding was made.” There are procedural problems with Ellison’s request
including that it does not appear the request has been served on the District Clerk as the
respondent or the State as the real party in interest, see TEX. R. APP. P. 9.5; 52.2; however,
we use Rule 2 and look beyond these deficiencies to dispose of Ellison's petition. TEX. R.
APP. P. 2.
As a Court of Appeals, we have no jurisdiction to compel a district clerk to act
except to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (West 2004).
Ellison has not alleged any need for this Court to protect that jurisdiction.
Accordingly, Ellison's Original Application for Writ of Mandamus is dismissed for
want of jurisdiction.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Application dismissed
Opinion delivered and filed January 2, 2019
[OT06]
In re Ellison Page 2