Opinion
10-24-00072-CR
03-21-2024
IN RE CODY JAY RILEY
Do not publish
Original Proceeding
From the 413th District Court Johnson County, Texas Trial Court No. F45054
Before Chief Justice Gray, Justice Johnson, and Justice Smith
MEMORANDUM OPINION
TOM GRAY, Chief Justice
Relator's "Petition for Writ of Mandamus" was filed on March 11, 2024. There are procedural problems with this petition, such as no service on the trial court judge as the respondent and no service on the State as the real-party-in-interest, no certification, no record, and no certified or sworn-to copy of any document showing the matter complained of as required by the Rules of Appellate Procedure. See Tex. R. App. P. 9.5, 52.3(j), (k)(1)(A), and 52.7. However, to expedite this decision, we use Rule 2 to suspend the operation of these rules and proceed to a disposition of the petition. See Tex. R. App. P. 2.
We do not serve documents for parties, even if indigent and in prison. Relator could handwrite extra copies of the petition and serve those copies on the respondent and real-party-in-interest.
Because the petition and/or brief was apparently never filed, there is nothing that prevents the petitioner from again seeking the appointment of counsel to file an application for a writ of habeas corpus. Accordingly, the petition for a writ of mandamus is denied without prejudice to the petitioner's ability to file a motion for the appointment of counsel in the trial court.
Petition denied