Court of Appeals of Texas, 2021

in Re John Russell Chatmon

Court of Appeals of Texas · Decided February 2, 2021

Opinion

Order filed February 2, 2021.

In The

Fourteenth Court of Appeals ____________

NO. 14-21-00050-CR

NO. 14-21-00051-CR ____________

IN RE JOHN RUSSELL CHATMON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

On Appeal from the 351st District Court Harris County, Texas

Trial Court Cause Nos. 1448430 & 1448431 ORDER

On January 15, 2021, relator Bradley Jared Barton filed two petitions for writs of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. Relator asks this court to compel the Honorable Natalia Cornelio, presiding judge of the 351st District Court of Harris County, to rule on relator’s motions for speedy trial.1

Relator’s petitions do not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.3(j) (“The person filing the petition must certify that he or she has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record.”); 52.7(a)(1) (requiring relator to file with petition “a certified or sworn copy of every document that is material to the relator’s claim for relief and that was filed in any underlying proceeding”); 52.7(a)(2) (requiring relator to file with petition properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or statement that no testimony was adduced in connection with matter complained).2 By this order, the court gives relator 30 days’ notice that the petitions will be dismissed for failure to comply with Rules 52.3(j), 52.7(a)(1), and 52.7(a)(2) unless the deficiencies are cured. See generally Tex. R. App. P. 42.3(c).

PER CURIAM

Panel consists of Justices Bourliot, Zimmerer, and Spain.

1 Relator named Judge Cornelio’s predecessor of the 351st District Court, the Honorable George Powell, as respondent. Judge Powell ceased to hold the office of presiding judge of the 351st District Court on December 31, 2020. However, because relator is not complaining of an action taken by Judge Powell, it is not necessary to abate this case pursuant to Rule 7.2(b) to allow Judge Cornelio to reconsider any ruling by Judge Powell. See Tex. R. App. P. 7.2(b). 2 The legislature has provided an alternate method of meeting the requirement of sworn copies—an unsworn declaration. See Tex. Civ. Prac. & Rem. Code Ann. § 132.001. An unsworn declaration must be in writing and subscribed by the person making the declaration as true under penalty of perjury. Id. § 132.001(c). Section 132.001(e) sets forth the form for an unsworn declaration by an inmate: My name is __________ _________ ____________, my date of birth is _________________, (First) (Middle) (Last) and my inmate identifying number, if any, is __________________. I am presently incarcerated in ________________________ in _____________, _________, _______, ____________. (Corrections unit name) (City) (County) (State) (Zip Code) I declare under penalty of perjury that the foregoing is true and correct. Executed on the _____ day of ________, _______. (Month) (Year) ___________________________ Declarant Id. § 132.001(e); see Tex. R. App. P. 9.10(c) (exempting in court filing related to criminal matter defendant’s date of birth and address from redaction requirement for documents filed in criminal cases).

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