Court of Appeals of Texas, 2018

in Re Robert Whitfield

Court of Appeals of Texas · Decided May 30, 2018

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-18-00165-CR

IN RE ROBERT WHITFIELD

Original Proceeding

MEMORANDUM OPINION

In this original proceeding, Relator Robert Whitfield seeks a writ of mandamus compelling Respondent, the Honorable Deborah Oakes Evans, Judge of the 87th District Court of Freestone County, to provide him a free copy of all of his court records and transcripts to use in a post-conviction writ of habeas corpus.1 An indigent criminal defendant is not entitled to obtain a free copy of the record after exhausting his direct appeal in the absence of a specific, compelling reason. See In re Coronado, 980 S.W.2d 691, 693 (Tex. App.—San Antonio 1998, orig. proceeding) (per curiam); Eubanks v. Mullin, 909 S.W.2d 574, 576-77 (Tex. App.—Fort Worth 1995, orig. proceeding); see also In re Petruccelli, No. 10-08-00010-CR, 2008 WL 257288, at *1 (Tex. App.—Waco Jan. 30, 2008, orig. proceeding) (per curiam) (mem. op., not designated for publication). The record before us does not show that Whitfield has demonstrated a specific, compelling reason for his request.

Accordingly, Whitfield’s petition for writ of mandamus is denied.

REX D. DAVIS Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Petition denied

Opinion delivered and filed May 30, 2018

Do not publish [OT06]

In re Whitfield Page 2

1 The petition for writ of mandamus has several procedural deficiencies. It does not include the certification required by Rule of Appellate Procedure 52.3(j). See TEX. R. APP. P. 52.3(j). It also lacks a proper proof of service; a copy of all documents presented to the Court must be served on all parties to the proceeding and must contain proof of service. Id. 9.5. Because of our disposition and to expedite it, we will implement Rule 2 and suspend these rules in this proceeding only. Id. 2.

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