Court of Civil Appeals of Texas, 2009

in Re Jason Aaron Burkett

in Re Jason Aaron Burkett
Court of Civil Appeals of Texas · Decided February 26, 2009

in Re Jason Aaron Burkett

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-09-00034-CV

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IN RE JASON AARON BURKETT






Original Proceeding



MEMORANDUM OPINION

Jason Aaron Burkett filed a petition for writ of mandamus through which he seeks to compel the trial court to consider a "Petition for Exhumation and [Re-Examination]," a "Motion for Order to Counsel to Release Client's Work Product," and a "Motion Requesting Compliance with Texas Motion [Ministerial] Duties." Burkett filed these documents in his criminal case after his conviction was affirmed on appeal and the mandate issued. See Burkett v. State, 172 S.W.3d 250 (Tex. App.--Beaumont 2005, pet. ref'd), cert. denied, 548 U.S. 911, 126 S.Ct. 2939, 165 L.Ed.2d 964 (2006). He argues the trial court's failure to grant the relief he requested "will or could result in egregious harm to Burkett in his on-going and future habeas actions." The Court of Criminal Appeals entered an abuse-of-the-writ order concerning future applications attacking his conviction. Ex parte Burkett, No. WR-68232-01, 2007 WL 4126375 (Tex. Crim. App. Nov. 21, 2007) (not designated for publication). To obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). Relator has not shown an abuse of discretion on the record presented. Accordingly, the petition for writ of mandamus is denied.

PETITION DENIED.

PER CURIAM

Opinion Delivered February 26, 2009



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

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