in Re Raymond Gilbert

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-19-00115-CR
IN RE RAYMOND GILBERT
Original Mandamus Proceeding
Before Morriss, C.J., Burgess and Stevens, JJ.
Memorandum Opinion by Justice Burgess
MEMORANDUM OPINION
Raymond Gilbert has filed a petition for writ of mandamus asking this Court to order the
Honorable R. Scott McKee, sitting as the 392nd Judicial District Court of Henderson County, to
rule on a motion to preserve evidence and a motion for new trial Gilbert filed in that court.
Section 22.221 of the Texas Government Code provides that “[e]ach court of appeals for a
court of appeals district may issue all writs of mandamus, agreeable to the principles of law
regulating those writs, against: . . . (1) a judge of a district, statutory county, statutory probate
county, or county court in the court of appeals district.” See TEX. GOV’T CODE ANN. § 22.221(b)(1)
(Supp.). The 392nd Judicial District Court of Henderson County is not located within our district.
TEX. GOV’T CODE ANN. § 22.201(g) (Supp.). It is located within the district of the Tyler Court of
Appeals. See TEX. GOV’T CODE ANN. § 22.201(m) (Supp.). Although Gilbert’s underlying
criminal appeal was transferred to this Court pursuant to the Texas Supreme Court’s docket
equalization order, such transfer does not confer jurisdiction on this Court in a separate original
proceeding. 1 See In re Davis, 87 S.W.3d 794, 795 (Tex. App.— Texarkana 2002, orig.
proceeding).
1
The Texas Supreme Court order directing the transfer of cases under the docket equalization process explicitly
excludes any transfer of original proceedings. See Misc. Docket No. 19-9022, Transfer of Cases from Courts of
Appeals (Mar. 26, 2019).
2
We, therefore, dismiss the petition for writ of mandamus for want of jurisdiction.
Ralph K. Burgess
Justice
Date Submitted: June 21, 2019
Date Decided: June 24, 2019
Do Not Publish
3