From Casetext: Smarter Legal Research

In re Jones

Court of Appeals of Texas, Fifth District, Dallas
Aug 10, 2022
No. 05-22-00783-CV (Tex. App. Aug. 10, 2022)

Opinion

05-22-00783-CV

08-10-2022

IN RE WESLEY JONES, Relator


Original Proceeding from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F22-18807

Before Justices Myers, Nowell, and Goldstein Opinion by Justice Nowell

MEMORANDUM OPINION

ERIN A. NOWELL JUSTICE

Before the Court is relator's August 9, 2022 petition for writ of mandamus in which he challenges the trial court's finding of probable cause to bind him over for action by the grand jury. Relator complains that the trial court abused its discretion by denying him the opportunity to present a witness at the examining trial before rendering the probable cause determination.

This is the second original proceeding filed by relator seeking the same relief. On August 8, 2022, this Court denied relator's first mandamus petition because the petition did not comply with Texas Rule of Appellate Procedure 52 (Cause No. 05-22-00757-CV). Relator re-filed this petition after curing the Rule 52 deficiencies.

Entitlement to mandamus relief requires relator to 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). Based on our review of the petition and record before us, we conclude that relator has failed to demonstrate the trial court violated a ministerial duty. Accordingly, we deny mandamus relief. See Tex. R. App. P. 52.8(a).


Summaries of

In re Jones

Court of Appeals of Texas, Fifth District, Dallas
Aug 10, 2022
No. 05-22-00783-CV (Tex. App. Aug. 10, 2022)
Case details for

In re Jones

Case Details

Full title:IN RE WESLEY JONES, Relator

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

Date published: Aug 10, 2022

Citations

No. 05-22-00783-CV (Tex. App. Aug. 10, 2022)