In Re: Robert B. Read, Jr. v. the State of Texas ( 2023 )

DENIED and Opinion Filed May 12, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00374-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 Reichek, Nowell, and Miskel
Opinion by Justice Reichek
Before the Court is relator’s April 24, 2023 petition for writ of mandamus
wherein relator requests that the Court compel the trial court to rule on a
postconviction motion for the production of grand jury transcripts.
To establish a right to mandamus relief in a criminal case, the relator must
show that the trial court violated a ministerial duty and there is no adequate remedy
at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig.
proceeding). To seek mandamus relief from a trial court’s failure to rule, a relator
must establish the trial court (1) had a legal duty to rule on the motion, (2) was asked
to rule on the motion, and (3) failed to do so within a reasonable time. In re Prado,
522 S.W.3d 1, 2 (Tex. App.—Dallas 2017, orig. proceeding) (mem. op.).
After reviewing relator’s petition and the record before us, we conclude that
relator has failed to demonstrate entitlement to mandamus relief. Accordingly, we
deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
230374F.P05
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