in Re: Robert B. Read, Jr. ( 2022 )

DENY and Opinion Filed December 21, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01247-CV
IN RE ROBERT B. READ, JR., Relator
Original Proceeding from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause No. 366-81170-06
MEMORANDUM OPINION
Before Justices Myers, Nowell, and Goldstein
Opinion by Justice Goldstein
Relator’s November 21, 2022 petition for writ of mandamus asks us to compel
Judge Ray Wheless to rule on relator’s motion for the production of grand jury
transcripts. The motion has been pending in the 366th Judicial District Court of
Collin County since May 23, 2022.
We judicially notice that Judge Wheless is the former presiding judge of the
366th District Court and has served as the Presiding Judge of the First
Administrative Judicial Region since March 2018.1 We further judicially notice that
1
An appellate court has the discretion to take judicial notice of adjudicative facts that are matters
of public record on its own motion. See TEX. R. EVID. 201(b); In re Estate of Hemsley, 460 S.W.3d 629,
638 (Tex. App.—El Paso 2014, pet. denied).
Judge Tom Nowak has been the presiding judge of the 366th District Court since
2019. Accordingly, the petition does not identify the correct respondent as required
under the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 52.3(a), (d)(2).
We deny the petition on this ground.
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
JUSTICE
221247F.P05
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