In Re: Derrick Shawn Culberson v. the State of Texas ( 2024 )

DENIED and Opinion Filed July 8, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00595-CV
IN RE DERRICK SHAWN CULBERSON, Relator
Original Proceeding from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-9830801
MEMORANDUM OPINION
Before Justices Reichek, Goldstein, and Kennedy
Opinion by Justice Goldstein
In his May 16, 2024 petition for writ of mandamus, relator contends that the
trial court refused or has failed to act on his article 11.072 application for writ of
habeas corpus.
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). 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).
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
JUSTICE
240595F.P05
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