Opinion
14-22-00074-CR 14-22-00075-CR14-22-00076-CR
06-23-2022
IN RE TIMOTHY CORY OWENS, Relator
On Appeal from the 179th District Court Harris County, Texas Trial Court Cause No. 493913, 1556870, 1557058
Panel consists of Chief Justice Christopher and Justices Bourliot and Spain (Christopher, C.J., Notice is not required before dismissing a petition for writ of mandamus. See In re Kholaif, 624 S.W.3d 228 (Tex. App.-Houston [14th Dist.] 2020, orig. proceeding) (Frost, C.J., dissenting)).
ORDER
Charles A. Spain Justice
On February 4, 2022, relator Timothy Cory Owens filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52.
Relator's petition does not comply with Texas Rules of Appellate Procedure 52.3(k)(1)(A) and 52.7(a). Tex.R.App.P. 52.3(k)(1)(A) ("The appendix must contain: (A) a certified or sworn copy of any order complained of, or any other document showing the matter complained of") (emphasis added); 52.7(a) ("Relator must file with the petition: (1) a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding; and (2) a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained.") (emphasis added). To be a "certified or sworn copy," in accordance with Rule 52, the document must be certified by the trial court clerk or attached to either a properly prepared affidavit or an unsworn declaration. See Tex. Civ. Prac. & Rem. Code Ann. § 132.001.
By this order, the court gives relator notice that the petition will be dismissed unless an amended petition is filed on or before August 8, 2022 that addresses the record issues discussed above. Tex.R.App.P. 42.3(c); see In re Kholaif, 624 S.W.3d 228, 231 (order), mand. dism'd, 615 S.W.3d 369 (Tex. App.-Houston [14th Dist.] 2020) (orig. proceeding).
Kholaif is the first decision from this court to address the issue of what record is required by Texas Rule of Appellate Procedure 52 before the court can determine merits in an original proceeding. The Supreme Court of Texas has recently discussed how a court should treat its own precedent. See Mitschke v. Borromeo, No. 21-0326, 2022 WL 1510317 (Tex. May 13, 2022) (discussing horizontal stare decisis).