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In re Linton

Court of Appeals of Texas, Ninth District, Beaumont
Sep 6, 2007
No. 09-07-354 CV (Tex. App. Sep. 6, 2007)

Opinion

No. 09-07-354 CV

Opinion Delivered September 6, 2007.

Original Proceeding.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION


Eric Linton filed a petition for writ of mandamus that seeks to compel the trial court to release to the relator money at issue in a forfeiture proceeding. Linton complains that the case has been on file for two years. He contends the trial court failed to respond to his March 2007 requests to schedule a hearing and for appointment of counsel. Linton asks this Court to compel the trial court to either order the property to be returned to him or to appoint an attorney to represent Linton in the forfeiture proceeding.

Linton provides no authority to support his claim that he is entitled to appointed counsel to represent him in the forfeiture proceeding. Furthermore, the relator has not shown that the trial court unreasonably failed to place the cause on the trial docket. See In re Chavez, 62 S.W.3d 225, 229 (Tex.App.-Amarillo 2001) (orig. proceeding). Because the relator has not shown his immediate entitlement to mandamus relief, the petition for writ of mandamus is denied without prejudice.

PETITION DENIED.


Summaries of

In re Linton

Court of Appeals of Texas, Ninth District, Beaumont
Sep 6, 2007
No. 09-07-354 CV (Tex. App. Sep. 6, 2007)
Case details for

In re Linton

Case Details

Full title:IN RE ERIC LINTON

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Sep 6, 2007

Citations

No. 09-07-354 CV (Tex. App. Sep. 6, 2007)