in Re Jason Miears ( 2009 )

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MEMORANDUM OPINION
No. 04-09-00713-CR
IN RE Jason MIEARS
Original Proceeding1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Phylis J. Speedlin, Justice
Marialyn Barnard, Justice
Delivered and Filed: November 11, 2009
PETITION DENIED
On November 2, 2009, relator Jason Miears filed a petition entitled “Petition for Writ of Quo
Warranto” in which he complains his appointed counsel has failed to provide him copies of
discovery received by his counsel from the State. He asks this court to issue a writ to force his
appointed counsel to furnish him with copies of all discovery.
A writ of quo warranto is an extraordinary remedy used to determine disputed questions
about the proper person entitled to hold a public office and exercise its functions, or to question the
existence of a public corporation or district and its right to act. State ex rel. Angelini v. Hardberger,
… This proceeding arises out of Cause No. 2009-CR-6566, styled State of Texas v. Jason Miears, in the 379th
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Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.
04-09-00713-CR
932 S.W.2d 489, 490 (Tex. 1996) (citing State ex. rel Jennett v. Owens, 63 Tex. 261, 270 (1885))
(person holding public office); Save Our Springs Alliance, Inc. v. Lazy Nine Mun. Util. Dist. ex rel
Bd. of Directors, 198 S.W.3d 300, 310 (Tex. App.—Texarkana 2006, pet. denied) (special-law
municipal utility water district). Relator’s petition is wholly unrelated to the issues for which a writ
of quo warranto is available, and therefore is an improper vehicle for obtaining the relief sought by
relator.
Even if we interpret relator’s petition as a petition for writ of mandamus, he is still not
entitled to relief. This court’s writ power is limited to issuance of writs necessary to enforce our
jurisdiction, writs of habeas corpus in civil cases, and writs of mandamus against a (1) judge of a
district or county court in our district, (2) judge of a district court acting as a magistrate at a court
of inquiry in our district. See TEX . GOV ’T CODE ANN . § 22.221 (Vernon 2004). Relator’s request
has no relationship to our jurisdiction, arises out of a criminal case, and is directed against his
appointed counsel, not a judge as described in that statute.
Based on the foregoing, we deny relator’s petition. TEX . R. APP . P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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