From Casetext: Smarter Legal Research

In re Culberson

Court of Appeals of Texas, Fifth District, Dallas
Jul 8, 2024
No. 05-24-00595-CV (Tex. App. Jul. 8, 2024)

Opinion

05-24-00595-CV

07-08-2024

IN RE DERRICK SHAWN CULBERSON, Relator


Original Proceeding from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F-9830801

Before Justices Reichek, Goldstein, and Kennedy

MEMORANDUM OPINION

BONNIE LEE GOLDSTEIN, JUSTICE

In his May 16, 2024 petition for writ of mandamus, relator contends that the trial court refused or has failed to act on his article 11.072 application for writ of habeas corpus.

To establish a right to mandamus relief in a criminal case, the relator must show that the trial court violated a ministerial duty and there is no adequate remedy at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). After reviewing relator's petition and the record before us, we conclude that relator has failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).


Summaries of

In re Culberson

Court of Appeals of Texas, Fifth District, Dallas
Jul 8, 2024
No. 05-24-00595-CV (Tex. App. Jul. 8, 2024)
Case details for

In re Culberson

Case Details

Full title:IN RE DERRICK SHAWN CULBERSON, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 8, 2024

Citations

No. 05-24-00595-CV (Tex. App. Jul. 8, 2024)