From Casetext: Smarter Legal Research

In re Brady

Court of Appeals of Texas, Fourth District, San Antonio
Aug 27, 2003
No. 04-03-00603-CV (Tex. App. Aug. 27, 2003)

Opinion

No. 04-03-00603-CV.

Delivered and Filed: August 27, 2003.

Original Mandamus Proceeding.

This proceeding arises out of Cause No. 2003-CI-02512, pending in the 166th Judicial District Court, Bexar County, Texas, the Honorable Andy Mireles presiding.

PETITION FOR WRIT OF HABEAS CORPUS DENIED.

Sitting: Alma L. LOPEZ, Chief Justice, Catherine STONE, Justice, Karen ANGELINI, Justice.


MEMORANDUM OPINION


Christopher T. Brady has filed a petition for writ of habeas corpus and a motion for appointment of counsel. Rule 52.3(j) of the Texas Rules of Appellate Procedure sets forth the necessary contents of the appendix to a petition for writ of habeas corpus. The appendix must contain: (1) a certified or sworn copy of any order complained of, or any other document showing the matter complained of; and (2) proof that the relator is being restrained. Tex.R.App.P. 52.(3)(j)(1)(A),(D). In addition, Brady also was required to file "a properly authenticated transcript of any relevant testimony from any underlying proceedings, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained." Tex.R.App.P. 52.7(a)(2). Because Brady has not provided the court with a sufficient record to determine whether he is entitled to the relief sought, the petition for writ of habeas corpus is denied without prejudice to refiling with an appropriate record.


Summaries of

In re Brady

Court of Appeals of Texas, Fourth District, San Antonio
Aug 27, 2003
No. 04-03-00603-CV (Tex. App. Aug. 27, 2003)
Case details for

In re Brady

Case Details

Full title:IN RE Christopher T. BRADY

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Aug 27, 2003

Citations

No. 04-03-00603-CV (Tex. App. Aug. 27, 2003)