In Re Joe Marr Wilson, Relator v. the State of Texas ( 2024 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00104-CR
IN RE JOE MARR WILSON, RELATOR
ORIGINAL PROCEEDING
March 27, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
On March 25, 2024, Relator Joe Marr Wilson filed his petition for writ of mandamus
with this Court seeking our issuance of a writ of mandamus finding that Respondent, the
Honorable Ana E. Estevez, in her capacity as Presiding Judge of the Ninth Administrative
Judicial Region, abused her discretion by affirming the trial court’s order, which paid only
part of Relator’s requested attorney’s fees in relation to his appellate representation in
Westmoreland v. State, No. 07-23-00086-CR, 2023 Tex. App. LEXIS 6605 (Tex. App.—
Amarillo Aug. 25, 2023, no pet.) (mem. op., not designated for publication). We dismiss
the petition for want of jurisdiction.
Our jurisdiction to issue mandamus is limited by statute. See TEX. GOV’T CODE
ANN. § 22.221(a), (b). As we noted in dismissing another mandamus petition filed by
Relator, his petition challenges Judge Estevez’s rulings in her capacity as the presiding
regional administrative judge for the Ninth Administrative Region. See In re Wilson, 07-
24-00103-CR, 2024 Tex. App. LEXIS ____ (Tex. App.—Amarillo Mar. 26, 2024, orig.
proceeding) (mem. op., not designated for publication). We lack authority to issue a writ
of mandamus against a judge acting in that capacity. Id. See also In re Hettler, 110
S.W.3d 152, 154 (Tex. App.—Amarillo 2003, orig. proceeding); accord In re Cook, 394
S.W.3d 668, 671 (Tex. App.—Tyler 2012, orig. proceeding) (concluding that the court
“lack[ed] mandamus jurisdiction against a regional presiding judge”).
Because we lack authority to grant the relief sought by Relator, we dismiss his
petition for writ of mandamus, expressing no opinion on the merits.
Lawrence M. Doss
Justice
Do not publish.
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