in Re Matthew Alan Clendennen ( 2015 )

IN THE
TENTH COURT OF APPEALS
No. 10-15-00235-CR
IN RE MATTHEW ALAN CLENDENNEN
Original Proceeding
ORDER
Relator Matthew Alan Clendennen’s Petition for Writ of Mandamus was filed on
July 1, 2015. Relator has since filed a Motion to Excuse the Filing of a Clerk’s Record.
The Texas Rules of Appellate Procedure do not contemplate a record filed by
either the clerk or the court reporter in an original proceeding. TEX. R. APP. P. 52.7. The
appellate rules specify the filing of the record is the responsibility of the relator. Id.
52.7(a). Generally, what would appear in a clerk’ record is brought before the Court by
the relator pursuant to Rule 52.7(a)(1). Id. (a)(1). Further, testimony and exhibits that
would appear in a reporter’s record are brought before the Court pursuant to Rule
52.7(a)(2). Id. (a)(2).
The Clerk will accept and file a clerk’s record or a reporter’s record directly from
the clerk or reporter in a mandamus proceeding as a substitute for a record filed by the
relator. Such substitution does not excuse or relieve the obligation of the relator to
otherwise provide the record necessary to review the issues presented in the petition.
The relator’s motion represents that the relator has filed as either an appendix or sworn
record the documents needed for the Court to conduct its review of the issues. There is
no duty on the trial court clerk to file additional documents for the mandamus record to
be complete.
Accordingly, relator’s Motion to Excuse the Filing of a Clerk’s Record is
dismissed as moot.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Response requested
Order issued and filed July 16, 2015
In re Clendennen Page 2