in Re Donald Moody, Sr.
in Re Donald Moody, Sr.
Opinion
Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). Relator seeks a writ of mandamus to compel the trial judge to order genetic testing on Moody and on his children, and to release a restriction on his savings account for payment of past due child support. Moody, an inmate, relies upon a criminal statute as the sole authority for his entitlement to genetic testing. See Tex. Code Crim. Proc. Ann. art. 64.01 (Vernon Supp. 2003). After reviewing the petition, we conclude that the relator has not shown that he is entitled to any of the relief sought in the petition.
The petition for writ of mandamus, filed May 15, 2003, is DENIED.
PER CURIAM
Opinion Delivered June 26, 2003
Before McKeithen, C.J., Burgess and Gaultney, JJ. 1. Tex. R. App. P. 47.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.