In Re: Alvin Charles Duncan--Appeal from 133rd District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 14-04-01134-CV

Case Date: 12/02/2004

Preview:In Re: Alvin Charles Duncan--Appeal from 133rd District Court of Harris County
Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 2, 2004 Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 2, 2004. In The Fourteenth Court of Appeals ____________ NO. 14-04-01134-CV ____________ IN RE ALVIN CHARLES DUNCAN, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS MEMORANDUMOPINION On November 23, 2004, relator filed a petition for writ of mandamus in this Court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In his petition, relator seeks to have this court compel the Honorable Lamar McCorkle, presiding judge of the 133rd District Court, to rule on relator=s pending motions to appoint counsel to represent relator, compel production of discovery and for sanctions in cause number 2003-45152. Relator previously filed a petition for writ of mandamus requesting the same relief. This court denied the petition because relator failed to demonstrate that his motions were properly filed and presented to the trial court for ruling. In re Duncan, No. 14-04-00434-CV, (Tex. App.CHouston [14th Dist.] May 27, 2004, orig. proceeding) (citing In re Bates, 65 S.W.2d 133, 135 (Tex. App.CAmarillo 2001, orig. proceeding)).

While relator has provided file-stamped copies of some of the documents he asserts he filed, he still has not established that he is entitled to mandamus relief. See Walker v. Packer, 827, S.W.2d 833, 837 (1992). Accordingly, we deny relator=s petition for writ of mandamus. PER CURIAM Petition Denied and Memorandum Opinion filed December 2, 2004. Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.

file:///C|/Users/Peter/Desktop/opinions/PSDs2/80325.html[8/20/2013 10:09:27 PM]

Download 80325.pdf