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In re Cornett

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Feb 4, 2016
No. 10-16-00023-CR (Tex. App. Feb. 4, 2016)

Opinion

No. 10-16-00023-CR

02-04-2016

IN RE DAVID CORNETT


Original Proceeding

MEMORANDUM OPINION

In this mandamus proceeding, David Cornett, an inmate, requests this Court to order Cornett's trial attorney to turn over certain documents to Cornett from Cornell's criminal trial. Cornett did not serve the State as the real party in interest, see TEX. R. APP. P. 9.5; 52.2, and did not certify his petition or provide certified or sworn copies of the items in his appendix. See id. 52.3(j); (k). However, we use Rule 2 and look beyond these deficiencies to dispose of Cornett's petition. Id. 2.

As a Court of Appeals, we have no jurisdiction to compel an attorney to act except as necessary to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (West 2004). Cornett has not alleged any need for this Court to enforce our jurisdiction.

Accordingly, Cornett's Petition for Writ of Mandamus is dismissed for want of jurisdiction.

Cornett's motions for leave to file only one copy of his petition and for leave to proceed "In Forma Pauperis" are dismissed as moot.

TOM GRAY

Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Petition dismissed
Motions dismissed
Opinion delivered and filed February 4, 2016
Do not publish
[OT06]


Summaries of

In re Cornett

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Feb 4, 2016
No. 10-16-00023-CR (Tex. App. Feb. 4, 2016)
Case details for

In re Cornett

Case Details

Full title:IN RE DAVID CORNETT

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Feb 4, 2016

Citations

No. 10-16-00023-CR (Tex. App. Feb. 4, 2016)

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