in Re: Timothy Huseman, Relator
in Re: Timothy Huseman, Relator
Opinion
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
Relator Timothy Huseman seeks a writ of mandamus ordering respondent, the Honorable David Gleason, allegedly the Judge of the 47th District Court of Randall County (the trial court), (1) to act on certain motions relator asserts have been filed in Cause Number 51,363-A in the trial court. We deny the petition.
On April 29, 2003, relator filed with the clerk of this court a pleading entitled Petition for Writ of Mandamus. Relator alleges that he has previously filed various post-hearing motions relating to an Order In Suit to Modify Parent-Child Relationship and Order on Petition In Intervention for Conservatorship. He further alleges that he has written letters to respondent and to the clerk of the trial court attempting to obtain action on his post-hearing motions, all to no avail. We are requested to issue a writ of mandamus directing Judge Gleason to rule on relator's motions.
In support of the petition for writ of mandamus, relator attaches unsworn, uncertified copies of some of the motions and letters he references. He does not attach copies of letters to Judge Gleason requesting setting of or action on the motions or presenting the motions to respondent for action. When petition for writ of mandamus is made, it is the relator's burden to show entitlement to the relief being requested. See generally Johnson v. Fourth District Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding). Relator must file with the petition a certified sworn copy of every document that is material to relator's claim for relief and that was filed in any underlying proceeding, and a properly authenticated transcript of any relevant testimony from any underlying proceeding including any exhibits offered in evidence or a statement that no testimony was adduced in connection with the matter complained of. Tex. R. App. P. 52.7(a).
Relator's petition contains only allegations. Certified, sworn copies of the motions and correspondence referenced in the petition are not attached or furnished. Relator has not presented a record which shows entitlement to the relief sought, or upon which we are authorized to act.
The petition for writ of mandamus is denied.
Phil Johnson
Chief Justice
1. Judge Gleason is no longer judge of the 47th District Court of Randall County.
Name="heading 2"/>
NO. 07-10-0185-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 14, 2010
______________________________
OMAR GUERRERO, A/K/A SALVADOR GUERRERO,
Appellant
v.
THE STATE OF TEXAS,
Appellee
________________________________
FROM THE 108th DISTRICT COURT OF POTTER COUNTY;
NO. 59,732-E; HON. DOUG WOODBURN, PRESIDING
_______________________________
ON ABATEMENT AND REMAND
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant appeals from his conviction for aggravated robbery. Neither the clerks record nor the reporters record has been filed. Furthermore, a request has been made to extend the deadline by which the appellate record must be filed. Through the request, we are told that appellant has not paid or made arrangements to pay for the appellate record and that no attorney has been appointed to represent him on appeal.
Accordingly, we abate this appeal and remand the cause to the 108th District Court of Potter County (trial court) for further proceedings. Upon remand, the trial court shall determine, by reasonable evidentiary procedure it selects, the following:
1. whether appellant desires to prosecute the appeal;
2. whether appellant is indigent; and, if so,
3. whether the appellant is entitled to a free appellate record and the appointment of an attorney due to his indigency.
The trial court is also directed to enter such orders necessary to address the aforementioned questions. So too shall it include its findings on those matters (including the name, address, and phone number of any attorney it may appoint to represent appellant in this appeal) in a supplemental record and cause that record to be filed with this court by July 14, 2010. Should further time be needed to perform these tasks, then same must be requested before July 14, 2010. In the meantime, all other appellate deadlines are stayed until further order of this court.
It is so ordered.
Per Curiam
Do not publish.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.