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In re Kennedy

Court of Appeals of Texas, Twelfth District, Tyler
May 21, 2008
No. 12-08-00164-CR (Tex. App. May. 21, 2008)

Opinion

No. 12-08-00164-CR

Opinion delivered May 21, 2008. DO NOT PUBLISH.

ORIGINAL PROCEEDING.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


Michael Kennedy seeks a writ of mandamus compelling the trial court to conduct a pretrial hearing and dismiss his counsel. We deny the petition. In a criminal case, mandamus is appropriate when (1) the relator has no adequate remedy at law and (2) the act sought to be compelled is ministerial rather than discretionary. Ater v. Eighth Court of Appeals , 802 S.W.2d 241, 243 (Tex.Crim.App. 1991). Kennedy has not alleged facts in his petition that show an abuse of discretion by the trial court. Accordingly, his petition for writ of mandamus is denied .


Summaries of

In re Kennedy

Court of Appeals of Texas, Twelfth District, Tyler
May 21, 2008
No. 12-08-00164-CR (Tex. App. May. 21, 2008)
Case details for

In re Kennedy

Case Details

Full title:IN RE: MICHAEL KENNEDY, RELATOR

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: May 21, 2008

Citations

No. 12-08-00164-CR (Tex. App. May. 21, 2008)