From Casetext: Smarter Legal Research

In re Cobb

Court of Appeals of Texas, Fourteenth District, Houston
Jul 21, 2005
No. 14-05-00650-CV (Tex. App. Jul. 21, 2005)

Opinion

No. 14-05-00650-CV

Memorandum Opinion filed July 21, 2005.

Original Proceeding Writ of Mandamus.

Petition for Writ of Mandamus Denied.

Panel consists of Justices YATES, ANDERSON and HUDSON.


MEMORANDUM OPINION


On July 1, 2005, relator filed a petition for writ of mandamus in this court. See TEX. GOV'T. CODE ANN. § 22.221 (Vernon 2004); see also TEX. R. APP. P. 52. In his petition, relator sought to have this court compel the Harris County District Clerk to act on his motion to quash or, alternatively, for a speedy trial in his pending criminal cases.

We have jurisdiction to issue writs of mandamus against a district court judge or county court judge in our district, and we may issue all writs necessary to enforce our jurisdiction. TEX. CODE CRIM. PROC. ANN. art. § 22.221(a), § 22.221(b) (Vernon 2004). We have no jurisdiction to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction. In re Washington, 7 S.W.3d 181, 182 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding). Relator does not have an appeal pending in this matter; thus, we have no jurisdiction to enforce.

Accordingly, we deny relator's petition for writ of mandamus.


Summaries of

In re Cobb

Court of Appeals of Texas, Fourteenth District, Houston
Jul 21, 2005
No. 14-05-00650-CV (Tex. App. Jul. 21, 2005)
Case details for

In re Cobb

Case Details

Full title:IN RE JOSEPH COBB, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jul 21, 2005

Citations

No. 14-05-00650-CV (Tex. App. Jul. 21, 2005)