Opinion
No. 10-18-00256-CR
08-22-2018
IN RE CHRISTOPHER L. ATHEY
Original Proceeding
MEMORANDUM OPINION
Relator's petition for writ of mandamus is denied. Relator's motion for leave to file his petition for writ of mandamus is dismissed as moot. See TEX. R. APP. P. 52, Notes and Comments ("The requirement of a motion for leave in original proceedings is repealed.").
The petition for writ of mandamus has several procedural deficiencies. It does not include the certification required by Rule of Appellate Procedure 52.3(j). See TEX. R. APP. P. 52.3(j). It also lacks a record. See id. 52.7. It also lacks a proper proof of service; a copy of all documents presented to the Court must be served on all parties (i.e., the trial court judge and the State through the district attorney in this proceeding) and must contain proof of service. See id. 9.5, 52.2. Because of our disposition and to expedite it, we will implement Rule 2 and suspend these rules in this proceeding only. See id. 2.
REX D. DAVIS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Petition denied
Opinion delivered and filed August 22, 2018
Do not publish
[OT06]