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In re Goodson

Court of Appeals of Texas, Twelfth District, Tyler
Sep 30, 2005
No. 12-05-00267-CV (Tex. App. Sep. 30, 2005)

Opinion

No. 12-05-00267-CV

Opinion delivered September 30, 2005.

Original Proceeding.

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


MEMORANDUM OPINION


On September 1, 2005, Relator Marvin Dean Goodson filed a petition for writ of mandamus seeking his release from "illegal confinement" based upon his contention that he received an "unfair trial" and was denied due process and assistance of counsel. We may grant mandamus relief if a relator demonstrates that the act sought to be compelled is purely ministerial under the relevant facts and law and that the relator has no other adequate legal remedy. State ex rel. Hill v. Fifth Court of Appeals , 34 S.W.3d 924, 927 (Tex.Crim.App. 2001).

In this case, Relator has not shown that his release is "purely ministerial" or that he cannot raise the issues through regular appeal. Moreover, Relator has not shown that habeas corpus is an inadequate remedy at law. See Banales v. Thirteenth Court of Appeals , 93 S.W.3d 33, 36 (Tex.Crim.App. 2002). Accordingly, the petition for writ of mandamus is denied, and all pending motions are overruled as moot.


Summaries of

In re Goodson

Court of Appeals of Texas, Twelfth District, Tyler
Sep 30, 2005
No. 12-05-00267-CV (Tex. App. Sep. 30, 2005)
Case details for

In re Goodson

Case Details

Full title:IN RE: MARVIN DEAN GOODSON, Relator

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

Date published: Sep 30, 2005

Citations

No. 12-05-00267-CV (Tex. App. Sep. 30, 2005)