From Casetext: Smarter Legal Research

In re Miller

Court of Appeals of Texas, Fourteenth District, Houston
Dec 18, 2003
No. 14-03-01340-CV (Tex. App. Dec. 18, 2003)

Opinion

No. 14-03-01340-CV

Opinion filed December 18, 2003.

Original Proceeding Writ of Mandamus.

Petition for Writ of Mandamus Dismissed in Part and Denied in Part and Memorandum.

Lee Nichols McNab Miller, for Relator.

Panel consists of Justices YATES, HUDSON, and FOWLER.


MEMORANDUM OPINION


On December 1, 2003, relator filed a petition for writ of mandamus in this Court. See TEX. GOV'T. CODE ANN. § 22.221 (Vernon Supp. 2003); see also TEX. R. APP. P. 52. Relator seeks relief from the actions of two known judges and two unknown judges who presided in the 179th District Court, the current and former Harris County District Attorney, the State of Texas and its agents, and all law enforcement agencies.

This court is empowered to issue writs of mandamus against judges of district courts, but may not issue writs against other parties unless necessary to enforce our jurisdiction. TEX. GOV'T CODE ANN. § 22.221(a)-(b) (Vernon Supp. 2003). Because relator does not allege that the current and former District Attorney, the State of Texas and it agents, or the unspecified law enforcement agencies are interfering with this court's jurisdiction, we must dismiss the proceeding, as it relates to these parties, for lack of jurisdiction.

As for the judges of the 179th District Court, relator challenges the rulings on pretrial motions and his conviction. Relator had an adequate remedy by appeal. Accordingly, he is not entitled to mandamus relief. Accordingly, as the petition concerns judges of the 179th District Court, we deny relator's petition for writ of mandamus.


Summaries of

In re Miller

Court of Appeals of Texas, Fourteenth District, Houston
Dec 18, 2003
No. 14-03-01340-CV (Tex. App. Dec. 18, 2003)
Case details for

In re Miller

Case Details

Full title:IN RE LEE NICHOLS McNAB MILLER, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Dec 18, 2003

Citations

No. 14-03-01340-CV (Tex. App. Dec. 18, 2003)