In Re: Patrick Deon Howard v. the State of Texas ( 2024 )

DENIED and Opinion Filed July 15, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00777-CV
IN RE PATRICK DEON HOWARD, Relator
Original Proceeding from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F96-17437
MEMORANDUM OPINION
Before Justices Molberg, Carlyle, and Breedlove
Opinion by Justice Molberg
Relator was convicted of murder and assessed a life sentence and a $10,000
fine. This Court affirmed the judgment on direct appeal in 1999. See Howard v.
State, No. 05-96-01917-CR, 1999 WL 233432, at *1 (Tex. App.—Dallas Apr. 22,
1999, pet. ref’d) (not designated for publication). Before the Court is relator’s June
26, 2024 petition for writ of mandamus. Relator, who is proceeding pro se, asks this
Court to compel the trial court to rule on a motion for forensic DNA testing relator
contends he filed on January 18, 2024.
Relator’s petition does not comply with the Texas Rules of Appellate
Procedure. Relator’s petition is not supported by a sworn or certified record. See
TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1). And relator failed to identify the correct
respondent.1 See TEX. R. APP. P. 52.3(d)(2); In re Read, No. 05-22-01247-CV, 2022
WL 17828925, at *1 (Tex. App.—Dallas Dec. 21, 2022, orig. proceeding) (mem.
op.) (denying mandamus petition on grounds relator failed to identify the correct
respondent).
Accordingly, because relator’s petition does not meet the requirements of the
Texas Rules of Appellate Procedure for consideration of mandamus relief, we deny
relator’s petition. See In re Jones, No. 05-23-00492-CV, No. 05-23-00493-CV, 2023
WL 4101440, at *1 (Tex. App.—Dallas June 21, 2023, orig. proceeding) (mem. op.).
/Ken Molberg/
KEN MOLBERG
JUSTICE
240777F.P05
1
An appellate court has the discretion to take judicial notice of adjudicative facts that are
matters of public record. Read, 2022 WL 17828925, at *1 n.1. Relator refers to the Honorable John
C. Creuzot sitting in Criminal District Court No. 4. We judicially notice that Judge Creuzot is the
former presiding judge of Criminal District Court No. 4 of Dallas County and is currently serving
as the Dallas County Criminal District Attorney. We further judicially notice that Judge
Dominique Collins currently presides over Criminal District Court No. 4 in Dallas County.
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