in Re: Troy Randell Edmon ( 2014 )


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  • DENY and Opinion Filed this 22nd day of April, 2014.
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-14-00438-CV
    IN RE TROY RANDELL EDMON, Relator
    Original Proceeding from the 195th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F-13-71585
    MEMORANDUM OPINION
    Before Justices Moseley, Fillmore, and Evans
    Opinion by Justice Evans
    Relator files this petition for writ of mandamus arguing that the trial court has abused its
    discretion by failing to take action on his petition for his pretrial writ of habeas corpus and by
    failing to refer his pro se motion for recusal to the administrative judge for determination. 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 does not show that relator has met this
    burden. See TEX. R. APP. P. 52.8(a). Accordingly, the Court DENIES the petition for writ of
    mandamus.
    /David Evans/
    DAVID EVANS
    JUSTICE
    140438F.P05
    –2–
    

Document Info

Docket Number: 05-14-00438-CV

Filed Date: 4/22/2014

Precedential Status: Precedential

Modified Date: 10/16/2015