in Re James Weldon Burton, Relator ( 2015 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-15-00331-CV
IN RE JAMES WELDON BURTON, RELATOR
OPINION ON ORIGINAL PROCEEDING FOR WRIT OF MANDAMUS
September 10, 2015
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Pending before the court is a document filed by James Weldon Burton entitled
“Relator’s Request for Randall County District Attorney’s File.” Given the nature of the
relief sought, we construe the item as a petition for writ of mandamus. Because it seeks
relief beyond our jurisdiction, however, we must deny it.
Burton requests that we “ORDER the Randall County District Attorney to provide
and surrender a complete copy of the Randall County District Attorney’s file and all
evidence held in Cause No. 16,692-B. . . .” This request is problematic for we generally
cannot issue writs of mandamus against anyone other than a judge. TEX. GOV’T CODE
ANN. § 22.221 (West 2004). While there is an exception to that limitation, however, it
encompasses instances wherein relief is necessary to protect our appellate
jurisdiction. In re Lagaite, No. 07-15-00101-CV, 2015 Tex. App. LEXIS 3565, at *1
(Tex. App.—Amarillo April 9, 2015) (orig. proceeding). Before it can be said that we
are protecting our appellate jurisdiction, though, there must be an appeal pending
wherein the relator is a party. Id. Burton’s complaint does not relate to a pending
appeal or to our jurisdiction over a pending appeal. Nor do we know of any authority
allowing an appellate court to simply direct a district attorney to disclose his records to
others. Thus, we have no jurisdiction to require the Randall County District Attorney to
provide a complete copy of his file in Cause No. 16,692-B and deny the petition for a
writ of mandamus.
Brian Quinn
Chief Justice
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