Opinion
No. 01-11-00355-CR
Opinion issued June 30, 2011. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Chief Justice RADACK and Justices SHARP and BROWN.
MEMORANDUM OPINION
Relator, Jamal Martinez Hancock, has filed a pro se petition for writ of mandamus complaining that the trial court refuses to compel his attorney to file an affidavit detailing the actions taken to represent relator in the underlying case and responding to the allegations of ineffective assistance of counsel in relator's petition for writ of habeas corpus. We deny relator's petition for writ of mandamus. See TEX. R. APP. P. 9.5(a), (d) (requiring proof that copy of all documents filed were served on all parties to proceeding); In re Whitfield, No. 10-10-00231-CR, 2010 WL 2683134, at *1 n. 1 (Tex. App.-Waco July 7, 2010, orig. proceeding) (mem. op.) (noting that district attorney is a party in criminal mandamus proceedings); see also In re Chavez, 62 S.W.3d 225, 228 (Tex. App.-Amarillo 2001, orig. proceeding) (noting that merely filing motion with district clerk is not sufficient to impute knowledge of motion and need for ruling to trial court); Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding) (per curiam) (noting that court cannot grant mandamus relief unless relator shows he requested a hearing or otherwise brought motion to trial court's attention).
A jury convicted relator of murder and assessed punishment at confinement for 99 years in State v. Hancock, No. 0926994, in the 179th District Court of Harris County, Texas, the Honorable Randy Roll presiding. This Court affirmed relator's conviction. See Hancock v. State, No. 01-02-01186-CR, 2004 WL 253272, at *4 (Tex. App.-Houston [1st Dist.] Feb. 12, 2004, no pet.) (mem. op., not designated for publication). Relator has now filed an application for writ of habeas corpus challenging his conviction. Relator's habeas corpus proceeding is pending in the trial court as Ex parte Jamal Martinez Hancock, No. 0926994-A.