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In re Booker

Court of Appeals of Texas, Tenth District
Aug 4, 2021
No. 10-21-00178-CR (Tex. App. Aug. 4, 2021)

Opinion

10-21-00178-CR

08-04-2021

IN RE BILLY BOOKER


Do not publish

Original Proceeding From the 413th District Court Johnson County, Texas Trial Court No. F48257

Before Chief Justice Gray, Justice Johnson, and Justice Rose

The Honorable Jeff Rose, Former Chief Justice of the Third Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See Tex. Gov't Code §§ 74.003, 75.002, 75.003.

MEMORANDUM OPINION

TOM GRAY Chief Justice

Relator's "Plaintiff's Original Application for Writ of Mandamus" was filed on July 27, 2021. Relator's request for mandamus relief against the Honorable William Bosworth, judge of the 414th District Court, is denied.

Further, we do not have mandamus jurisdiction to compel the district clerk or the district attorney to take any action except in rare circumstances which are not present here. See Texas Gov't Code § 22.221(a), (b); see also In re Simmonds, 271 S.W.3d 874, 879 (Tex. App. - Waco 2008, orig. proceeding). Accordingly, relator's request for mandamus relief against the Johnson County District Clerk and District Attorney is dismissed.

Petition denied in part and dismissed in part.


Summaries of

In re Booker

Court of Appeals of Texas, Tenth District
Aug 4, 2021
No. 10-21-00178-CR (Tex. App. Aug. 4, 2021)
Case details for

In re Booker

Case Details

Full title:IN RE BILLY BOOKER

Court:Court of Appeals of Texas, Tenth District

Date published: Aug 4, 2021

Citations

No. 10-21-00178-CR (Tex. App. Aug. 4, 2021)