DocketNumber： WR-57,250-06
Filed Date： 8/22/2012
Status： Precedential
Modified Date： 3/3/2016
NO. WR-57,250-06
DONALD GENE BLANTON, Relator
v.
86TH DISTRICT COURT, Respondent
Relator has filed a motion for leave to file an application for a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends he filed a motion for nunc pro tunc judgment in the trial court on September 21, 2011, and he complains the trial court has not issued a ruling. The claim is properly before this Court. See Padilla v. McDaniel, 122 S.W.3d 805 (Tex. Crim. App. 2003); In re Donald Gene Blanton, No. 05-12-00746-CV (Tex. App. - Dallas del. June 8, 2012).
Consideration of a motion properly filed and before a trial court is ministerial, and mandamus relief may be pursued to compel a ruling. See White v. Reiter, 640 S.W.2d 586 (Tex. Crim. App. 1982); Braxton v. Dunn, 803 S.W.2d 318, 320 (Tex. Crim. App. 1991). Respondent, the Judge of the 86th District Court of Kaufman County, shall file a response with this Court within thirty days of the date of this order regarding whether Relator has properly filed a motion for nunc pro tunc judgment and whether there has been a ruling on the motion if properly before the trial court. This application for leave to file a writ of mandamus will be held in abeyance until Respondent has submitted a response.
Filed: August 22, 2012
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