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In re Gaines

Court of Appeals of Texas, Twelfth District, Tyler
Jan 24, 2007
No. 12-07-00014-CR, 12-07-00015-CR (Tex. App. Jan. 24, 2007)

Opinion

No. 12-07-00014-CR, 12-07-00015-CR

Opinion delivered January 24, 2007. DO NOT PUBLISH.

Original Proceeding.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


In this original proceeding, Irwin Dewayne Gaines seeks a writ of mandamus requiring Donna Phillips, District Clerk of Nacogdoches County, Texas, to transmit to the Texas Court of Criminal Appeals copies of Gaines's application for writ of habeas corpus, any answers filed, and a certificate reciting the date upon which the finding was made that there are no unresolved facts material to the legality of his confinement. A court of appeals has the authority to issue writs of mandamus against a judge of a district or county in the court of appeals district and all writs necessary to enforce its jurisdiction. TEX. GOV'T CODE ANN. § 22.221 (Vernon 2004). In order for a district clerk to fall within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction. See id.; In re Coronado , 980 S.W.2d 691, 692-93 (Tex.App.-San Antonio 1998, orig. proceeding). Gaines has not demonstrated that the exercise of our mandamus authority against Respondent is appropriate to enforce our jurisdiction. Consequently, we have no authority to issue a writ of mandamus. Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.


Summaries of

In re Gaines

Court of Appeals of Texas, Twelfth District, Tyler
Jan 24, 2007
No. 12-07-00014-CR, 12-07-00015-CR (Tex. App. Jan. 24, 2007)
Case details for

In re Gaines

Case Details

Full title:IN RE: IRWIN DEWAYNE GAINES, RELATOR

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Jan 24, 2007

Citations

No. 12-07-00014-CR, 12-07-00015-CR (Tex. App. Jan. 24, 2007)