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In re Milligan

Court of Appeals Fifth District of Texas at Dallas
Apr 3, 2015
No. 05-15-00419-CV (Tex. App. Apr. 3, 2015)

Opinion

No. 05-15-00419-CV

04-03-2015

IN RE MARK LYNN MILLIGAN, Relator


Original Proceeding from the 363rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F1127465W

MEMORANDUM OPINION

Before Justices Bridges, Stoddart, and Schenck
Opinion by Justice Schenck

Relator filed this petition for writ of mandamus requesting that the Court order the trial court to provide him with a free copy of the trial court record for the preparation of his petition for discretionary review. Mandamus is appropriate in a criminal case if the relator shows that he has no other adequate legal remedy and the act sought to be compelled is purely ministerial. State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 67 S.W.3d 177, 180-81 (Tex. Crim. App. 2001) (orig. proceeding). Indigent defendants are not entitled to a free copy of the trial record for preparation of a petition for discretionary review. Ex parte Trainer, 181 S.W.3d 358, 359-60 (Tex. Crim. App. 2005) (orig. proceeding) Thus, relator has not demonstrated the trial court has failed to perform a purely ministerial act. We deny the petition.

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE
150419F.P05


Summaries of

In re Milligan

Court of Appeals Fifth District of Texas at Dallas
Apr 3, 2015
No. 05-15-00419-CV (Tex. App. Apr. 3, 2015)
Case details for

In re Milligan

Case Details

Full title:IN RE MARK LYNN MILLIGAN, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 3, 2015

Citations

No. 05-15-00419-CV (Tex. App. Apr. 3, 2015)