Court of Civil Appeals of Texas, 2025

In Re Johnathan Arthurton v. the State of Texas

In Re Johnathan Arthurton v. the State of Texas
Court of Civil Appeals of Texas · Decided November 26, 2025

In Re Johnathan Arthurton v. the State of Texas

Opinion

Court of Appeals Tenth Appellate District of Texas 10-25-00405-CR 10-25-00406-CR

In re Johnathan Arthurton

Original Proceeding JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION Relator Johnathan Arthurton, acting pro se, filed petitions for writ of mandamus requesting this Court to compel Jessica Escue, a Brazos County Assistant District Attorney, to (1) provide or certify the existence of certain information pursuant to article 39.14 of the Code of Criminal Procedure and Brady v. Maryland, 373 U.S. 83 (1963), and (2) file a written statement confirming whether the discovery practices of the Brazos County District Attorney’s Office are conducted in good faith and consistent with the equal protection guarantees of 42 U.S.C. § 1981.

This Court does not have jurisdiction to issue a writ of mandamus against an assistant district attorney unless it is necessary to enforce our jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a), (b), (c); see also Garner v. Gately, 909 S.W.2d 61, 62 (Tex. App.—Waco 1995, orig. proceeding). Relator has not shown that the requested relief is necessary to enforce our appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a). Therefore, we lack jurisdiction to issue writs of mandamus against Assistant District Attorney Jessica Escue.

We dismiss Relator’s petitions for writ of mandamus for want of jurisdiction.

STEVE SMITH Justice OPINION DELIVERED and FILED: November 26, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Petitions dismissed Do not publish OT06

In re Johnathan Arthurton Page 2

Opinion

Court of Appeals Tenth Appellate District of Texas 10-25-00405-CR 10-25-00406-CR In re Johnathan Arthurton Original Proceeding JUSTICE SMITH delivered the opinion of the Court. MEMORANDUM OPINION Relator Johnathan Arthurton, acting pro se, filed petitions for writ of mandamus requesting this Court to compel Jessica Escue, a Brazos County Assistant District Attorney, to (1) provide or certify the existence of certain information pursuant to article 39.14 of the Code of Criminal Procedure and Brady v. Maryland, 373 U.S. 83 (1963), and (2) file a written statement confirming whether the discovery practices of the Brazos County District Attorney’s Office are conducted in good faith and consistent with the equal protection guarantees of 42 U.S.C. § 1981. This Court does not have jurisdiction to issue a writ of mandamus against an assistant district attorney unless it is necessary to enforce our jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a), (b), (c); see also Garner v. Gately, 909 S.W.2d 61, 62 (Tex. App.—Waco 1995, orig. proceeding). Relator has not shown that the requested relief is necessary to enforce our appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a). Therefore, we lack jurisdiction to issue writs of mandamus against Assistant District Attorney Jessica Escue. We dismiss Relator’s petitions for writ of mandamus for want of jurisdiction. STEVE SMITH Justice OPINION DELIVERED and FILED: November 26, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Petitions dismissed Do not publish OT06 In re Johnathan Arthurton Page 2

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