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In re Salinas

Court of Appeals of Texas, Fifth District, Dallas
Aug 2, 2022
No. 05-22-00738-CV (Tex. App. Aug. 2, 2022)

Opinion

05-22-00738-CV 05-22-00739-CV

08-02-2022

IN RE JOSIAH ANDREW SALINAS, Relator


Original Proceeding from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F-2071443-R, M-2075253-R

Before Justices Osborne, Partida-Kipness, Smith

MEMORANDUM OPINION

ROBBIE PARTIDA-KIPNESS, JUSTICE

Josiah Andrew Salinas petitions for a writ of mandamus to compel the trial court to rule on his motion for DNA testing of forensic evidence. We deny relief.

Relator's petition does not comply with the rules of appellate procedure in that it is not properly certified and is not supported by a record of certified or sworn documents. See Tex. R. App. P. 52.3(j), 52.3(k)(1)(A), 52.7(a)(1); In re Butler, 270 S.W.3d 757, 758-59 (Tex. App.-Dallas 2008, orig. proceeding); see also Tex. Civ. Prac. & Rem. Code § 132.001 (describing process to authenticate documents as sworn copies). Thus, relator has not carried his burden to show he is entitled to mandamus relief. See Butler, 270 S.W.3d at 759. Accordingly, we deny relator's petition. See Tex. R. App. P. 52.8(a).


Summaries of

In re Salinas

Court of Appeals of Texas, Fifth District, Dallas
Aug 2, 2022
No. 05-22-00738-CV (Tex. App. Aug. 2, 2022)
Case details for

In re Salinas

Case Details

Full title:IN RE JOSIAH ANDREW SALINAS, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 2, 2022

Citations

No. 05-22-00738-CV (Tex. App. Aug. 2, 2022)