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In re Longmyers

Court of Appeals of Texas, First District
Nov 4, 2021
No. 01-21-00579-CR (Tex. App. Nov. 4, 2021)

Opinion

01-21-00579-CR

11-04-2021

IN RE DERRICK DWAYNE LONGMYERS, Relator


Do not publish. TEX. R. APP. P. 47.2(B).

Original Proceeding on Petition for Writ of Mandamus

Panel consists of Chief Justice Radack and Justices Rivas-Molloy and Guerra.

MEMORANDUM OPINION

PER CURIAM

Relator, Derrick Dwayne Longmyers, incarcerated and proceeding pro se, has filed a petition for a writ of mandamus asserting that the trial court has taken no action on his request for "an examining trial prior to issuance of an indictment." Relator's petition for writ of mandamus requests that this Court "cause the [t]rial [c]ourt to honor, respond, and show cause why [relator] continues to be detained."

The underlying case is The State of Texas v. Derrick Dwayne Longmyers, Cause No. 21-CR-2264, in the 122nd District Court of Galveston County, Texas, the Honorable John Ellisor presiding.

We deny relator's petition for writ of mandamus. See TEX. R. APP. P. 52.3 (listing required contents of mandamus petition), 52.7 (relator required to file record with mandamus petition), 52.8; see also Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (relator must provide mandamus record sufficient to establish right to mandamus relief). All pending motions are dismissed as moot.


Summaries of

In re Longmyers

Court of Appeals of Texas, First District
Nov 4, 2021
No. 01-21-00579-CR (Tex. App. Nov. 4, 2021)
Case details for

In re Longmyers

Case Details

Full title:IN RE DERRICK DWAYNE LONGMYERS, Relator

Court:Court of Appeals of Texas, First District

Date published: Nov 4, 2021

Citations

No. 01-21-00579-CR (Tex. App. Nov. 4, 2021)