Court of Civil Appeals of Texas, 2014

in Re: Troy Edmon

in Re: Troy Edmon
Court of Civil Appeals of Texas · Decided December 15, 2014

in Re: Troy Edmon

Opinion

DENY; and Opinion Filed December 12, 2014.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01488-CV IN RE TROY EDMON, Relator Original Proceeding from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F13-71585 MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Evans Opinion by Justice Fillmore

Relator filed this petition for writ of mandamus contending that the trial court has violated a ministerial duty with regard to its treatment of his pre-trial petition for writ of habeas corpus. The facts and issues are well-known to the parties so we do not recount them here. In a criminal case, to be entitled to mandamus relief, the relator must show two things: (1) that he has no adequate remedy at law, and (2) that what he seeks to compel is a ministerial act. In re Bonilla, 424 S.W.3d 528, 533 (Tex. Crim. App. 2014) (orig. proceeding). The record before the Court does not show relator has met this burden. Accordingly, we DENY the petition.

/Robert M. Fillmore/ ROBERT M. FILLMORE 141488F.P05 JUSTICE

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