in Re: Marvin Wayne Graves ( 2014 )

DENY; and Opinion Filed February 19, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00145-CV
IN RE MARVIN WAYNE GRAVES, Relator
Original Proceeding from the 15th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 059700
MEMORANDUM OPINION
Before Justices O'Neill, Lang, and Brown
Opinion by Justice O'Neill
The Court has received correspondence from relator requesting assistance from the Court
in causing the trial court to take action on his motion under Chapter 64 of the Texas Code of
Criminal Procedure for forensic DNA testing. We treat the correspondence as a petition for writ
of mandamus. Relator complains that although he filed a motion under Chapter 64 seeking
forensic DNA testing with the trial court on April 26, 2013, and although he has contacted the
trial court in writing twice regarding his motion, the trial court has yet to take action. In support,
relator attaches a copy of one of his letters to the trial court, but does not include the original
motion or his subsequent motion for appointment of counsel.
The courts of appeals have concurrent mandamus jurisdiction with the Court of Criminal
Appeals in post-conviction proceedings, including mandamus proceedings related to forensic
DNA testing under Chapter 64 of the Texas Code of Criminal Procedure. Padilla v. McDaniel,
122 S.W.3d 805, 808 (Tex. Crim. App. 2003). Mandamus will lie to compel the trial court to
follow the statute. Padilla, 122 S.W.3d at 808. Although the Court has jurisdiction to entertain a
properly supported petition for mandamus concerning forensic DNA testing, because relator’s
petition includes no support other than his letter asking the district clerk to take action and does
not include a proper certification under the Rules of Appellate Procedure governing petitions for
writs of mandamus, the record before the Court does not support granting relief. TEX. R. CIV. P.
52.3(j) & (k). Moreover, to the extent that Relator’s complaint concerns the district clerk rather
than the judge of the district court, this Court lacks jurisdiction to grant relief. See TEX. GOVT
CODE ANN. 22.221 (West 2010); In re Chumbley, 05-13-00881-CV, 2013 WL 3718070, at *1
(Tex. App.—Dallas July 12, 2013, orig. proceeding). Accordingly, we DENY the petition for
writ of mandamus.
The Court DIRECTS the Clerk to send copies of this order and relator’s correspondence,
by electronic transmission, to the Honorable James Patrick Fallon, judge of the 15th Judicial
District Court and to Kelly Ashmore, Grayson County District Clerk.
/Michael J. O'Neill/
MICHAEL O’NEILL
JUSTICE
140145F.P05
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