Opinion
10-23-00213-CR
07-19-2023
IN RE BRYAN STALLWORTH
Do not publish
Original Proceeding
From the 12th District Court Walker County, Texas Trial Court No. 30582
Before Chief Justice Gray, Justice Johnson, and Justice Smith
MEMORANDUM OPINION
MATT JOHNSON Justice
In this original proceeding, Relator Bryan Stallworth seeks mandamus relief in the form of compelling the Respondent trial judge to hear and rule on several of his motions.
A court with mandamus authority "will grant mandamus relief if relator can demonstrate that the act sought to be compelled is purely 'ministerial' and that relator has no other adequate legal remedy." In re Piper, 105 S.W.3d 107, 109 (Tex. App.-Waco 2003, orig. proceeding) (quoting State ex rel. Rosenthal v. Poe, 98 S.W.3d 194, 197-99 (Tex. Crim. App. 2003) (orig. proceeding)). Consideration of a motion properly filed and before the trial court is ministerial. State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). A trial judge has a reasonable time to perform the ministerial duty of considering and ruling on a motion properly filed and before the judge. In re Chavez, 62 S.W.3d 225, 228 (Tex. App.-Amarillo 2001, orig. proceeding). But that duty generally does not arise until the movant has brought the motion to the trial judge's attention, and mandamus will not lie unless the movant makes such a showing, and the trial judge then fails or refuses to rule within a reasonable time. In re Rangel, 570 S.W.3d 968, 969 (Tex. App.-Waco 2019, orig. proceeding); see Chavez, 62 S.W.3d at 228.
Stallworth bears the burden of providing this Court with a sufficient record to establish his right to mandamus relief. See Rangel, 570 S.W.3d at 969; In re Blakeney, 254 S.W.3d 659, 661 (Tex. App.-Texarkana 2008, orig. proceeding). The record here does not show that Stallworth has brought any of the motions in question to the attention of the trial judge and that the trial judge has then failed or refused to rule within a reasonable time. Accordingly, we deny Stallworth's petition for writ of mandamus.
Petition denied
(Chief Justice Gray concurs in the judgment. A separate opinion will not issue.)