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Do not publish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]