In Re Odis Styers v. the State of Texas ( 2024 )

Petition for Writ of Habeas Corpus Dismissed and Opinion filed October 15,
2024.
In The
Fourteenth Court of Appeals
NO. 14-24-00544-CV
IN RE ODIS STYERS, Relator
ORIGINAL PROCEEDING
WRIT OF HABEAS CORPUS
County Court at Law
Austin County, Texas
Trial Court Cause No. 2023L-8325
MEMORANDUM OPINION
On Monday, July 29, 2024, relator Odis Styers filed an amended petition for
a writ of habeas corpus in this court. See Tex. Gov’t Code Ann. § 22.221; see also
Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable
Daniel W. Leedy, presiding judge of the County Court at Law of Austin County, to
vacate the trial court’s July 25, 2024 “Order For Capias.”
On August 1, 2024, this court ordered relator to file a petition that satisfies
Texas Rule of Appellate Procedure 52.7(a)(2). See Tex. R. App. P. 52.7(a)(2). Rule
52.7 requires the relator to file “a properly authenticated transcript of any relevant
testimony from any underlying proceeding, including any exhibits offered in
evidence, or a statement that no testimony was adduced in connection with the
matter complained.” See id. Relator filed a supplemental record on August 13,
2024 with sworn transcripts of two proceedings underlying the habeas corpus
petition.
However, relator’s petition fails to satisfy Rule 52.7(a)(1). See Tex. R. App.
P. 52.7(a)(1). Rule 52.7(a) also requires the relator to file a record that contains “a
certified or sworn copy of every document that is material to the relator's claim for
relief and that was filed in any underlying proceeding.” See id.; see also In re
French, No. 14-24-00287-CV, 2024 WL 2931075, at *1 (Tex. App.—Houston
[14th Dist.] June 11, 2024, orig. proceeding.) Relator filed certified copies of
documents material to relator’s claims. But relator did not file certified copies of
“every document that is material to the relator's claim for relief and that was filed
in any underlying proceeding.” See Tex. R. App. P. 52.7(a)(1). To date, relator has
not provided this court with the motion to revoke suspension of commitment filed
with the trial court on May 16, 2024 underlying the habeas corpus petition.
Further, relator has not provided the supplemental motion to revoke suspension of
commitment and notice of a court proceeding filed with the court on July 3, 2024.
As the party seeking relief, the relator has the burden of providing the court
with a sufficient habeas-corpus record to establish the relator's right to relief. See
In re French, 2024 WL 2931075, at *2; see also In re Watt, No. 05-19-00977-CV,
2
2019 WL 4233380, at *2 (Tex. App.—Dallas Sept. 16, 2019, orig. proceeding)
(mem. op.). To date, relator has not provided this court with the motions
underlying the habeas-corpus petition referenced above. See In re French, 2024
WL 2931075, at *2.
Because relator has not complied with the Texas Rules of Appellate
Procedure, we dismiss relator's petition for writ of habeas corpus for want of
prosecution. See id. In addition, we lift this court’s August 1, 2024 stay order.
PER CURIAM
Panel consists of Justices Wise, Spain, and Hassan.
3