Court of Civil Appeals of Texas, 2025

In Re Leo Wayne Cover v. the State of Texas

In Re Leo Wayne Cover v. the State of Texas
Court of Civil Appeals of Texas · Decided July 30, 2025

In Re Leo Wayne Cover v. the State of Texas

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-25-00251-CR __________________ IN RE LEO WAYNE COVER __________________________________________________________________ Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause Nos. 23DCCR2231 and 23DCCR2232 __________________________________________________________________ MEMORANDUM OPINION In a petition for a writ of mandamus, Leo Wayne Cover complains that the trial court has not ruled on Cover’s pre-trial motions. At our request, the State filed a response. The State also supplemented the mandamus record to provide a more complete record for review.

On March 31, 2025, the trial court granted Cover’s request to proceed pro se in Trial Cause Numbers 23DCCR2231 and 23DCCR2232. Since that time, Cover has filed many motions. Both of Cover’s cases are currently set for trial on July 28, 2025. Cover requested a pre-trial hearing, but until just recently the request was filed in the wrong court.

Generally, the trial court has the discretion to schedule a pre-trial hearing.

Calloway v. State, 743 S.W.2d 645, 649 (Tex. Crim. App. 1988). Mandamus relief may issue, however, in situations where appeal after conviction will not be an appropriate remedy. See Stearnes v. Clinton, 780 S.W.2d 216, 225 (Tex. Crim. App. 1989) (orig. proceeding). On the record before us, Relator has not shown that the trial court abused its discretion by failing to rule on his motions within a reasonable time. We deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM Submitted on July 21, 2025 Opinion Delivered July 30, 2025 Do Not Publish Before Johnson, Wright and Chambers, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.