In Re: Courtney Warren v. the State of Texas ( 2024 )

NO. 12-24-00301-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
IN RE: COURTNEY WARREN, §
§ ORIGINAL PROCEEDING
RELATOR §
MEMORANDUM OPINION
PER CURIAM
Courtney B. Warren, an attorney acting pro se, filed this original proceeding to challenge
various actions taken by Respondent.1 On October 16, 2024, the Clerk of this Court informed
Relator that her petition fails to comply with appellate Rule 52.7. See TEX. R. APP. P. 52.7
(record). The notice warned that the petition would be referred to this Court for dismissal unless
Relator provided the record on or before October 21. This deadline expired without a response
from Relator.
Generally, a party seeking mandamus relief must bring forward all that is necessary to
establish a claim for mandamus relief. See TEX. R. APP. P. 52. The petition must contain certain
items, including an appendix. See TEX. R. APP. P. 52.3. Texas Rule of Appellate Procedure 52.7
requires the relator to file a record as part of her petition in an original proceeding. TEX. R. APP.
P. 52.7. Specifically, a relator must file (1) a certified or sworn copy of every document that is
material to her claim for relief and that was filed in any underlying proceeding; and (2) “a
properly authenticated transcript of any relevant testimony from any underlying proceeding,
1
Respondent is the Honorable Taylor B. Heaton, Judge of the 475th District Court in Smith County, Texas.
The State of Texas and Vincente Zavaleta are the Real Parties in Interest.
including any exhibits offered in evidence, or a statement that no testimony was adduced in
connection with the matter complained.” TEX. R. APP. P. 52.7(a).
It is a relator’s burden to provide this Court with a record sufficient to establish the right
to mandamus relief. See In re Mack, No. 12-19-00238-CV, 2019 WL 3024757, at *1 (Tex.
App.–Tyler July 10, 2019, orig. proceeding) (mem. op.); In re Daisy, No. 12-13-00266-CR,
2014 WL 5577068, at *2 (Tex. App.–Tyler Aug. 29, 2014, orig. proceeding) (mem. op., not
designated for publication). In this case, Relator did not provide a record in accordance with
Rule 52.7. Absent a record, we cannot determine whether Relator is entitled to mandamus relief.
Because Relator’s petition fails to comply with the appellate rules, nothing is presented for this
Court to review. Therefore, we deny the petition for writ of mandamus.2
Opinion delivered October 31, 2024.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
2
This is the second original proceeding Relator filed, which has been dismissed for failure to comply with
Rule 52.7. See In re Warren, No. 12-24-00235-CV, 2024 WL 3616471 (Tex. App.—Tyler July 31, 2024, orig.
proceeding) (per curiam) (mem. op.).
2
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
OCTOBER 31, 2024
NO. 12-24-00301-CR
COURTNEY WARREN,
Relator
V.
HON. JUDGE TAYLOR B. HEATON,
Respondent
ORIGINAL PROCEEDING
ON THIS DAY came to be heard the petition for writ of mandamus filed by
Courtney Warren; who is the relator in appellate cause number 12-24-00301-CR and counsel to
the defendant in trial court cause numbers 475-1501-23 & 475-0487-24, pending on the docket
of the 475th Judicial District Court of Smith County, Texas. Said petition for writ of mandamus
having been filed herein on October 16, 2024, and the same having been duly considered,
because it is the opinion of this Court that the writ should not issue, it is therefore
CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be,
and the same is, hereby denied.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.