In re Bates

Full title: IN RE JOHN WAYNE BATES, Relator

Court: Court of Appeals of Texas, First District, Houston

Date published: Jan 9, 2009

No. 01-08-00237-CR (Tex. App. Jan. 9, 2009)

Opinion

No. 01-08-00237-CR

Opinion issued January 9, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Chief Justice RADACK, and Justices NUCHIA² and HIGLEY.

2 Justice Sam Nuchia, who retired from the First Court of Appeals on January 1, 2009, continues to sit by assignment for the disposition of this case, which was submitted on January 8, 2009.

MEMORANDUM OPINION

PER CURIAM.

Relator has filed a pro se petition writ of mandamus. In his petition relator complains that respondent¹ has not ruled on his Second Motion fro DNA testing . We deny relief. The petition for writ of mandamus is therefore denied.

1 The Honorable Susan Criss, Judge, 212th District Court, Galveston County, Texas.