Opinion
No. 04-12-00237-CR
11-08-2013
Phillip Wayne GRIFFIS, Appellant v. The STATE of Texas, Appellee
From the 7th District Court, Smith County, Texas
Trial Court No. 007-1767-08
The Honorable Kerry L. Russell, Judge Presiding
ORDER
On November 4, 2013, Appellant filed a second motion to compel specific personnel of the Texas Department of Criminal Justice—Institutional Division to provide Appellant with access to specific exhibits from the appellate record. Appellant complains that the Department is not "provid[ing] Appellant with reasonable opportunities to (1) view the video recordings and (2) access all of the appellate record" as we previously ordered. See TEX. R. APP. P. 34.1 (appellate record defined). See generally Thomas v. Brown, 927 S.W.2d 122, 126 (Tex. App.—Houston [14th Dist.] 1996, writ denied).
Appellant's motion to compel specific actions by specific TDCJ-ID personnel is DENIED. See id.; see also id. at 125 ("A prisoner contending that his right of access to the courts was violated because of inadequate access to a law library must establish two elements: (1) the access was so limited as to be unreasonable and (2) the inadequate access caused him actual injury.").
_____________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of November, 2013.
_____________
Keith E. Hottle
Clerk of Court