From Casetext: Smarter Legal Research

In re Bryant

Court of Appeals of Texas, Sixth District, Texarkana
Aug 19, 2008
No. 06-08-00089-CV (Tex. App. Aug. 19, 2008)

Opinion

No. 06-08-00089-CV

Submitted: August 18, 2008.

Decided: August 19, 2008.

Original Mandamus Proceeding.

Memorandum Opinion by Justice Moseley

Before MORRISS, C.J., CARTER and MOSELEY, JJ.


MEMORANDUM OPINION


Edward Elliott Bryant has filed a petition for writ of mandamus in which he asks this Court to order the court reporter for the 208th Judicial District Court of Harris County, Texas, to provide him with a complete reporter's record so that he can adequately raise a habeas corpus claim.

This Court has jurisdiction to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district." Tex. Gov't Code Ann. § 22.221(b) (Vernon 2004).

We cannot address Bryant's petition for writ of mandamus for two reasons. First, Harris County is not within our appellate district, and we have no mandamus authority (except in very specific situations which have not been alleged to exist here) over entities outside our district. Harris County is not within the territorial jurisdiction of this court. Tex. Gov't Code Ann. § 22.201(g) (Vernon Supp. 2008). Thus, we have no jurisdiction over the petition for writ of mandamus.

Second, we do not have mandamus authority over court reporters. As set out above, our mandamus authority is provided by statute, and is limited to certain categories of judicial officials, not including court reporters. Again, there are some limited exceptions to that general rule, but again, they do not apply here. Even if we had jurisdiction to issue a writ of mandamus, we have no authority in this situation to provide the requested relief.

The petition for writ of mandamus is denied.


Summaries of

In re Bryant

Court of Appeals of Texas, Sixth District, Texarkana
Aug 19, 2008
No. 06-08-00089-CV (Tex. App. Aug. 19, 2008)
Case details for

In re Bryant

Case Details

Full title:IN RE: EDWARD ELLIOTT BRYANT

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Aug 19, 2008

Citations

No. 06-08-00089-CV (Tex. App. Aug. 19, 2008)