From Casetext: Smarter Legal Research

In re Scott

Court of Appeals of Texas, Ninth District, Beaumont
Mar 23, 2022
No. 09-22-00077-CR (Tex. App. Mar. 23, 2022)

Opinion

09-22-00077-CR

03-23-2022

IN RE FABBIAN DONTA SCOTT


Do Not Publish

Submitted on March 22, 2022

Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause Nos. 21-36748, 21-36749

Before Golemon, C.J., Kreger and Johnson, JJ.

MEMORANDUM OPINION

PER CURIAM

In a petition for a writ of mandamus, Fabbian Donta Scott asks this Court to compel the trial court to hold an evidentiary hearing and rule on a motion to quash the indictments as a matter of law. Scott complains that the trial court failed to "give an attentive ear[]" before denying the motion to quash on January 31, 2022. Also, he complains of alleged misconduct of the prosecutor.

The record before this Court fails to establish that Scott seeks to compel a ministerial act, not involving a discretionary or judicial decision, for which he lacks an adequate remedy at law. See State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). We deny the petition for a writ of mandamus.

PETITION DENIED.


Summaries of

In re Scott

Court of Appeals of Texas, Ninth District, Beaumont
Mar 23, 2022
No. 09-22-00077-CR (Tex. App. Mar. 23, 2022)
Case details for

In re Scott

Case Details

Full title:IN RE FABBIAN DONTA SCOTT

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Mar 23, 2022

Citations

No. 09-22-00077-CR (Tex. App. Mar. 23, 2022)