Banks, Anthony Ray ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,275-05
IN RE ANTHONY RAY BANKS, Relator
ON APPLICATION FOR WRIT OF MANDAMUS
CAUSE NOS. 67286, 64255, AND 67288
IN THE 252ND DISTRICT COURT
FROM JEFFERSON COUNTY
Per curiam.
ORDER
Relator has filed motion for leave to file an application for writ of mandamus alleging that
he has been trying to obtain copies of his files from his attorney, to no avail. This Court has
consistently held that a client owns the contents of his or her file. In re McCann, 422 S.W.3d 701,
705 (Tex. Crim. App. 2013). Relator alleges that he filed a “Motion to Compel Defense Attorney
to Produce the Client File” relating to cause numbers 67286, 64255, and 67288 in the trial court in
January 2021, but that the trial court has not ruled on that motion. A trial court has a ministerial duty
to rule upon a motion that is properly and timely presented to it for a ruling. State ex rel. Young v.
Sixth Judicial District Court of Appeals, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007); Simon v.
2
Levario, 306 S.W.3d 318, 320 (Tex. Crim. App. 2009).
Respondent, the Judge of the 252nd District Court of Jefferson County, shall file a response
with this Court stating whether or not Relator’s motion has properly and timely been presented to
it; if so, whether it has been ruled on; and whether or not Relator’s trial attorney has provided Relator
with copies of his client files. Respondent’s answer shall be submitted within 30 days of the date
of this order. These applications for leave to file writs of mandamus will be held in abeyance until
Respondent has submitted the appropriate response.
Filed: September 29, 2021
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