Court of Civil Appeals of Texas, 2007

in Re Mark Wayne Carter

in Re Mark Wayne Carter
Court of Civil Appeals of Texas · Decided August 16, 2007

in Re Mark Wayne Carter

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-07-196 CV

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IN RE MARK WAYNE CARTER




Original Proceeding



MEMORANDUM OPINION

Mark Wayne Carter filed a petition for writ of mandamus on April 16, 2007, in which he sought to compel the trial court to act on Carter's post-conviction motion for DNA testing in Cause No. 67290. We notified the relator that his petition did not comply with the appellate rules governing original proceedings. See Tex. R. App. P. 52.3, 52.7. Carter filed an amended petition on June 21, 2007, and provided the trial court with a copy of the petition. On June 26, 2007, the trial court denied Carter's motion for forensic DNA testing.

The relator must demonstrate that the act sought to be compelled is purely ministerial and that there is no adequate remedy at law. Winters v. Presiding Judge of Criminal Dist. Court Number Three of Tarrant County, 118 S.W.3d 773, 775 (Tex. Crim. App. 2003); In re Ludwig, 162 S.W.3d 454 (Tex. App.--Waco 2005, orig. proceeding). Carter complains only that the trial court failed to rule on his motion. He has now obtained a ruling on his motion for post-conviction DNA testing. The petition for writ of mandamus is denied.

PETITION DENIED.



PER CURIAM





Opinion Delivered August 16, 2007

Before McKeithen, C.J., Gaultney and Horton, JJ.

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