From Casetext: Smarter Legal Research

In re Palmer

Court of Appeals Fifth District of Texas at Dallas
Mar 16, 2021
No. 05-21-00119-CV (Tex. App. Mar. 16, 2021)

Opinion

No. 05-21-00119-CV

03-16-2021

IN RE HEXAN WALDELL PALMER, Relator


Original proceeding from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F18-58280-T

MEMORANDUM OPINION

Before Justices Schenck, Nowell, and Garcia
Opinion by Justice Nowell

In this original proceeding, Hexan Waldell Palmer seeks mandamus relief to compel the trial court to provide him with a free copy of his trial record so he may request habeas relief. For the reasons that follow, we deny relief.

A petition seeking mandamus relief must contain a certification stating that the relator "has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record." TEX. R. APP. P. 52.3(j). The Court requires relator's certification to state substantially what is written in rule 52.3(j). See In re Butler, 270 S.W.3d 757, 758 (Tex. App.—Dallas 2008, orig. proceeding); see also In re Hughes, 607 S.W.3d 136, 137 (Tex. App.—Houston [14th Dist.] orig. proceeding) (dismissing case for deficiencies in mandamus petition).

In addition, rule 52.7(a)(1) requires the relator to file with the petition "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." TEX. R. APP. P. 52.7(a)(1). Under these rules, relator's petition must be supported by documents, such as copies of the motion and the trial court's docket sheet, that will show what motion relator has filed, when the motion was filed, and how relator called the trial court's attention to the motion. See In re Prado, 522 S.W.3d 1, 2 (Tex. App.—Dallas 2017, orig. proceeding) (mem. op.). Relator's status as an incarcerated person does not relieve him of the obligation to file a sufficient record. In re Gomez, 602 S.W.3d 71, 73 (Tex. App.—Houston [14th Dist.] 2020, orig. proceeding).

Relator's petition is not certified, nor has he filed a certified or sworn copy of the motion upon which he seeks a ruling; therefore, the petition does not comply with the rules of appellate procedure. See TEX. R. APP. P. 52.3(j), 52.7(a)(1); Butler, 270 S.W.3d at 758; Hughes, 607 S.W.3d at 137.

And even if relator had filed authenticated documents showing he properly filed the motion, he has not shown he presented it to the trial court or that the trial court has had a reasonable opportunity to rule upon the motion. See In re Blakeney, 254 S.W.3d 659, 662 (Tex. App.—Texarkana 2008, orig. proceeding); In re Chavez, 62 S.W.3d 225, 228-29 (Tex. App.—Amarillo 2001, orig. proceeding). Finally, we note that because relator is not entitled to a free record for the purposes of filing a writ of habeas corpus, see In re Bonilla, 424 S.W.3d 528, 532 (Tex. Crim. App. 2014), we could not conclude the trial court violated a ministerial duty by not ordering he receive a free copy of the trial record.

We deny relator's relief.

/Erin A. Nowell/

ERIN A. NOWELL

JUSTICE 210119F.P05


Summaries of

In re Palmer

Court of Appeals Fifth District of Texas at Dallas
Mar 16, 2021
No. 05-21-00119-CV (Tex. App. Mar. 16, 2021)
Case details for

In re Palmer

Case Details

Full title:IN RE HEXAN WALDELL PALMER, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Mar 16, 2021

Citations

No. 05-21-00119-CV (Tex. App. Mar. 16, 2021)