in Re Donald G. Palmer ( 2005 )

Opinion issued February 17, 2005

  In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-05-00087-CR

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IN RE DONALD GRAY PALMER, Relator

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Original Proceeding on Petition for Writ of Mandamus  

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  MEMORANDUM OPINION

               Relator, Donald Gray Palmer, filed a petition for writ of mandamus stating that he filed a timely notice of appeal from his felony conviction in cause number 9402615 that was “denied” by the trial court in January 1995 and not properly processed. Relator requests that this Court order respondent to comply with the Rules of Appellate Procedure.

               Although mandamus is not an equitable remedy, its issuance is largely controlled by equitable principles. In re Little, 998 S.W.2d 287, 289 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). One such principle is that “[e]quity aids the diligent and not those who slumber on their rights.” Little, 998 S.W.2d at 289-90 (quoting Rivercenter Assoc. v. Rivera, 858 S.W.2d 366, 367 (Tex. 1993)). Relator’s claims all stem from events that allegedly occurred more than 10 years ago. Mandamus relief is barred by laches.

               We note that the Texas Code of Criminal Procedure provides for post-conviction habeas corpus relief. See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2004-2005).  

               The petition for writ of mandamus is denied.

               It is so ORDERED.  

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).