Edith Elizabeth Ramsey, Buck Bryan Ramsey and Optimal Utilities, Inc. v. Joe Grizzle, Charles Calhoun and Donna Kay Calhoun--Appeal from 102nd District Court of Red River County

State: Texas

Court: Texas Northern District Court

Docket No: 06-09-00026-CV

Case Date: 05/19/2010

Plaintiff: Edith Elizabeth Ramsey, Buck Bryan Ramsey and Optimal Utilities, Inc.

Defendant: Joe Grizzle, Charles Calhoun and Donna Kay Calhoun--Appeal from 102nd District Court of Red River C

Preview:IN THE TENTH COURT OF APPEALS

No. 10-10-00357-CR IN RE ROBERT WHITFIELD Original Proceeding

MEMORANDUM OPINION
In this second original proceeding that Relator Robert Whitfield has filed this year, (see In re Whitfield, No. 10-10-00231-CR, 2010 WL 2683134 (Tex. App.--Waco July 7, 2010, orig. proceeding) (mem. op.)), he again seeks mandamus relief against the Respondent District Judge and, this time, also against the Respondent District Clerk and the Respondent District Attorney on the primary allegation that the district judge has failed to hold a hearing and make findings under article 64.04 of the Code of Criminal Procedure.1

1 Article 64.04 provides: "After examining the results of testing under Article 64.03, the convicting court shall hold a hearing and make a finding as to whether, had the results been available during the trial of the offense, it is reasonably probable that the person would not have been convicted." TEX. CODE CRIM. PROC. ANN. art. 64.04 (Vernon 2006); see In re Jackson, 238 S.W.3d 605 (Tex. App.--Waco 2007, orig. proceeding).

A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk except to protect or enforce its jurisdiction. See TEX. GOV'T CODE ANN.

Download 10326.pdf