Opinion
NO. 09-16-00001-CR
02-03-2016
IN RE COREY J. SCHUFF
Original Proceeding Criminal District Court of Jefferson County, Texas
Trial Cause No. 97383
MEMORANDUM OPINION
Relator Corey J. Schuff, a pro se inmate, filed a petition for writ of mandamus, in which he contends that he filed requests for post-conviction DNA testing and appointment of counsel, but the trial court has failed to rule on his motion. Schuff asserts in the alternative that the clerk failed to bring his motions to the court's attention.
The State filed a response in which it indicates that it has not received Schuff's request. Attached as an exhibit to the State's response is a letter from the Appellate Coordinator of the Criminal Courts Appellate - Writ Division to Schuff, dated January 15, 2016, in which the coordinator stated that she had not received the motion, invited Schuff to send her a copy, and stated that she would file the documents with the District Clerk.
Schuff has not demonstrated that he is clearly entitled to mandamus relief from this Court. See State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (To demonstrate entitlement to a writ of mandamus, a relator must establish that the trial court failed to perform a ministerial duty, and that relator has no other adequate legal remedy.). Accordingly, we deny relief on the petition for writ of mandamus without prejudice.
PETITION DENIED.
PER CURIAM Submitted on January 25, 2016
Opinion Delivered February 3, 2016
Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.