In Re Harold Moten v. the State of Texas ( 2023 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-23-00159-CR
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IN RE HAROLD MOTEN
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Original Proceeding
Criminal District Court of Jefferson County, Texas
Trial Cause No. 39,003
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MEMORANDUM OPINION
In a petition for a writ of mandamus filed as an original proceeding with this
Court, Harold Moten seeks to compel the trial court to rule on the pro se motions
that he filed in the trial court asking that court for a speedy trial, for discovery, to set
aside his indictment, to suppress evidence, and to reduce the amount of his bond.
Traditionally, a petitioner seeking mandamus relief in a criminal case must
show two things. “First, he must show that he has no adequate remedy at law to
redress his alleged harm. Second, he must show that what he seeks to compel is a
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ministerial act, not involving a discretionary or judicial decision.” 1 The record before
this Court fails to show he is entitled to relief. Accordingly, we deny Moten’s
petition for a writ of mandamus.2
PETITION DENIED.
PER CURIAM
Submitted on June 6, 2023
Opinion Delivered June 7, 2023
Do Not Publish
Before Golemon, C.J., Horton and Johnson, JJ.
1In re State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at
Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding).
2See Tex. R. App. P. 52.6(a).
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