in Re: Luis Garcia Fuentes ( 2014 )


Menu:
  • Deny and Opinion Filed May 16, 2014.
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-14-00576-CV
    No. 05-14-00577-CV
    No. 05-14-00578-CV
    IN RE LUIS GARCIA FUENTES, Relator
    Original Proceeding from the 195th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F-1312634
    Trial Court Cause No. F-1312633
    Trial Court Cause No. F-1312632
    MEMORANDUM OPINION
    Before Justices Bridges, Lang-Miers, and Myers
    Opinion by Justice Myers
    Relator files this petition for writ of mandamus alleging that the trial court has failed to
    follow the proper procedures in determining his pre-trial writ of habeas corpus. The facts and
    issues are well known to the parties, so we need not recount them herein. This Court has not
    been given general supervisory control over district and county courts. Texas Emp. Ins. Ass'n v.
    Kirby, 
    150 S.W.2d 123
    , 126 (Tex. Civ. App.—Dallas 1941, no writ); see also Guillory v. Davis,
    
    527 S.W.2d 465
    , 466 (Tex. Civ. App.—Beaumont 1975, no writ). In a criminal case, an
    applicant for mandamus relief must establish that he has no adequate remedy at law to redress
    the harm he has suffered, and he must show that the act he seeks to compel or prohibit does not
    involve a discretionary or judicial decision. Simon v. Levario, 
    306 S.W.3d 318
    , 320 (Tex. Crim.
    App. 2009). The record before the Court shows relator has not met this standard. See TEX. R.
    APP. P. 52.8(a). Accordingly, we DENY the petition for writ of mandamus.
    /Lana Myers/
    LANA MYERS
    JUSTICE
    140576F.P05
    –2–
    

Document Info

Docket Number: 05-14-00576-CV

Filed Date: 5/16/2014

Precedential Status: Precedential

Modified Date: 10/16/2015