Court of Civil Appeals of Texas, 2013

in Re: Darrell Jenkins

in Re: Darrell Jenkins
Court of Civil Appeals of Texas · Decided July 24, 2013

in Re: Darrell Jenkins

Opinion

Writ of Mandamus is DENIED; Opinion Issued July 24, 2013.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00962-CV IN RE DARRELL JENKINS, Relator Original Proceeding from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F07-51595-QN MEMORANDUM OPINION Before Justices O'Neill, Lang-Miers, and Evans Opinion by Justice Evans Relator contends the trial court violated a ministerial duty by not holding a hearing on his petition for writ of habeas corpus and by denying that petition. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we DENY relator=s petition for writ of mandamus.

/David Evans/ DAVID EVANS 130962F.P05 JUSTICE

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