in Re Thomas Darrell Cross ( 2014 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00455-CR
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IN RE THOMAS DARRELL CROSS
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Original Proceeding
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MEMORANDUM OPINION
In this original proceeding, Thomas Darrell Cross complains that the trial
court has failed to rule on a motion for DNA testing. We requested a response from
the State. After reviewing the petition for writ of mandamus, the State’s response,
and the appendices to the petition and the response, we conclude that the relator
has not demonstrated that the trial court failed to consider and rule upon a properly
filed motion that has awaited disposition for an unreasonable amount of time. See
Ex parte Bates, 65 S.W.3d 133 (Tex. App.—Amarillo 2001, orig. proceeding). The
petition for writ of mandamus is denied without prejudice.
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PETITION DENIED.
PER CURIAM
Submitted on November 10, 2014
Opinion Delivered December 10, 2014
Do Not Publish
Before McKeithen, C.J., Kreger and Johnson, JJ.
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