in Re: William Russell Denver ( 2015 )


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  • DENY; and Opinion Filed July 9, 2015.
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-15-00700-CV
    No. 05-15-00701-CV
    No. 05-15-00702-CV
    IN RE WILLIAM RUSSELL DENVER, Relator
    Original Proceeding from the 194th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F12-62195, F12-62196, F14-00186
    MEMORANDUM OPINION
    Before Justices Lang-Miers, Evans, and Whitehill
    Opinion by Justice Whitehill
    Relator filed this petition for writ of mandamus requesting that the Court order the trial
    court to rule on his pro se “Motion to Show Cause” and “Motion to Dismiss with Prejudice Due
    to Prosecutorial Misconduct.” 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). Relator is represented by counsel. He is not entitled to hybrid representation. See
    Rudd v. State, 
    616 S.W.2d 623
     (Tex. Crim. App. [Panel Op.] 1981). As a consequence, the trial
    court has no ministerial duty to rule on any pro se motions he has presented. Robinson v. State,
    
    240 S.W.3d 919
    , 922 (Tex. Crim. App. 2007).
    We deny the petition for writ of mandamus.
    /Bill Whitehill/
    BILL WHITEHILL
    JUSTICE
    150700F.P05
    –2–
    

Document Info

Docket Number: 05-15-00700-CV

Filed Date: 7/9/2015

Precedential Status: Precedential

Modified Date: 7/10/2015