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In re Long

Court of Appeals of Texas, Tenth District, Waco
Nov 1, 2006
No. 10-06-00311-CR (Tex. App. Nov. 1, 2006)

Opinion

No. 10-06-00311-CR

Opinion delivered and filed November 1, 2006. DO NOT PUBLISH.

Original Proceeding. Petition denied.

Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA (Chief Justice GRAY concurs in the result without a separate opinion)



MEMORANDUM OPINION


Carl Long seeks a writ of mandamus compelling Respondent, the Honorable John H. Jackson, Judge of the 13th District Court of Navarro County, to address and resolve certain issues identified in an order of the Court of Criminal Appeals. Specifically, Long contends that Respondent failed to address four of at least twelve issues the Court of Criminal Appeals identified in an order issued by that Court on December 7, 2005. See Ex parte Long, No. WR-34,986-06, 2005 WL 3307083 (Tex.Crim.App. Dec. 7, 2005) (not designated for publication). However, because Long had an adequate remedy at law, we will deny his mandamus petition. The on-line case information for Long's habeas proceeding in the Court of Criminal Appeals, docketed under cause no. WR-34,986-06, reflects that the Court received Long's habeas application in October 2005. On December 7, the Court issued an order requiring Respondent to conduct a hearing and make findings on at least twelve issues so the Court could address the merits of the habeas application. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(d) (Vernon 2005). According to Long, Respondent conducted this hearing on March 2. The Court of Criminal Appeals received a reporter's record and other supplemental documents in May, and the writ application was submitted for decision on May 23. Based on Respondent's findings, the Court of Criminal Appeals denied Long's writ application without a written order on June 14. The Court denied Long's motion for reconsideration on June 27. "Mandamus relief may be granted if the relator shows the following: (1) that the act sought to be compelled is purely ministerial and (2) that there is no adequate remedy at law." DeLeon v. Dist. Clerk, 187 S.W.3d 473, 474 (Tex.Crim.App. 2006) (per curiam) (quoting Winters v. Presiding Judge of Crim. Dist. Ct. No. 3, 118 S.W.3d 773, 775 (Tex.Crim.App. 2003)). Here, the issues Long raises in his mandamus petition could have been raised in the motion for reconsideration he filed with the Court of Criminal Appeals. Thus, he had an adequate remedy at law. Accordingly, we deny the mandamus petition.

Long may have raised these issues in the Court of Criminal Appeals, but we cannot determine this from the limited information available.


Summaries of

In re Long

Court of Appeals of Texas, Tenth District, Waco
Nov 1, 2006
No. 10-06-00311-CR (Tex. App. Nov. 1, 2006)
Case details for

In re Long

Case Details

Full title:IN RE CARL LONG

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Nov 1, 2006

Citations

No. 10-06-00311-CR (Tex. App. Nov. 1, 2006)

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