in Re Steve Battles ( 2022 )


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  •                                NUMBER 13-22-00402-CR
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI – EDINBURG
    IN RE STEVE BATTLES
    On Petition for Writ of Mandamus.
    MEMORANDUM OPINION
    Before Justices Benavides, Hinojosa, and Silva
    Memorandum Opinion by Justice Benavides1
    Steve Battles has filed a pro se petition for writ of mandamus in this cause.
    Although his allegations are difficult to discern, Battles appears to request that we order
    the trial court to rule on his pending pleadings.
    In a criminal case, to be entitled to mandamus relief, the relator must establish
    both that the act sought to be compelled is a ministerial act not involving a discretionary
    1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
    required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
    47.4 (distinguishing opinions and memorandum opinions).
    or judicial decision and that there is no adequate remedy at law to redress the alleged
    harm. See In re Meza, 
    611 S.W.3d 383
    , 388 (Tex. Crim. App. 2020) (orig. proceeding);
    In re Harris, 
    491 S.W.3d 332
    , 334 (Tex. Crim. App. 2016) (orig. proceeding) (per curiam);
    In re McCann, 
    422 S.W.3d 701
    , 704 (Tex. Crim. App. 2013) (orig. proceeding). If the
    relator fails to meet both requirements, then the petition for writ of mandamus should be
    denied. State ex rel. Young v. Sixth Jud. Dist. Ct. of Apps. at Texarkana, 
    236 S.W.3d 207
    ,
    210 (Tex. Crim. App. 2007) (orig. proceeding).
    It is the relator’s burden to properly request and show entitlement to mandamus
    relief. See State ex rel. Young, 236 S.W.3d at 210; In re Pena, 
    619 S.W.3d 837
    , 839 (Tex.
    App.—Houston [14th Dist.] 2021, orig. proceeding); see also Barnes v. State, 
    832 S.W.2d 424
    , 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding) (per curiam) (“Even a
    pro se applicant for a writ of mandamus must show himself entitled to the extraordinary
    relief he seeks.”). In addition to other requirements, the relator must include a statement
    of facts and a clear and concise argument for the contentions made, with appropriate
    citations to authorities and to the appendix or record. See generally TEX. R. APP. P. 52.3
    (governing the form and contents for a petition). Further, the relator must file an appendix
    and record sufficient to support the claim for mandamus relief. See 
    id.
     R. 52.3(k)
    (specifying the required contents for the appendix); R. 52.7(a) (specifying the required
    contents for the record).
    2
    The Court, having examined and fully considered the petition for writ of mandamus
    and the applicable law, is of the opinion that Battles has not met his burden to obtain
    relief. Therefore, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8.
    GINA M. BENAVIDES
    Justice
    Do not publish.
    TEX. R. APP. P. 47.2(b).
    Delivered and filed on the
    2nd day of September, 2022.
    3
    

Document Info

Docket Number: 13-22-00402-CR

Filed Date: 9/2/2022

Precedential Status: Precedential

Modified Date: 9/5/2022