in Re: John Cloud ( 2015 )


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  • DENY; and Opinion Filed July 2, 2015.
    S In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-15-00790-CV
    IN RE JOHN CLOUD, Relator
    Original Proceeding from the 195th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F93-61603
    MEMORANDUM OPINION
    Before Justices Lang-Miers, Evans, and Whitehill
    Opinion by Justice Lang-Miers
    Relator filed this petition for writ of mandamus requesting that the Court order the trial
    court to conduct a hearing pursuant to rule 34.5(e) of the Texas Rules of Appellate Procedure.
    Relator was convicted of aggravated sexual assault of two children under age fourteen and
    sentenced to life imprisonment in each case. Cloud v. State, No. 05–96–00732–CR, 
    1998 WL 227941
    , at *1 (Tex. App.—Dallas May 8, 1998, pet. ref'd).           We affirmed the convictions
    seventeen years ago. 
    Id.
     Relator now argues that “the record has been altered, amended,
    changed, redacted, and is not reliable” because there “are instruments spanning decades that
    conflict with the alleged RR [reporter’s record] from the trial, police reports show alteration,
    outcry stmt [statement] amended . . . .”
    To establish a right to mandamus relief in a criminal case, the relator must show that the
    trial court violated a ministerial duty and there is no adequate remedy at law. In re State ex rel.
    Weeks, 
    391 S.W.3d 117
    , 122 (Tex. Crim. App. 2013) (orig. proceeding). We conclude relator
    has failed to establish his right to relief.
    /Elizabeth Lang-Miers/
    ELIZABETH LANG-MIERS
    JUSTICE
    150790F.P05
    –2–
    

Document Info

Docket Number: 05-15-00790-CV

Filed Date: 7/2/2015

Precedential Status: Precedential

Modified Date: 7/3/2015