Opinion
No. 10-20-00215-CR
03-17-2021
IN RE ALLAN LATOI STORY
Original Proceeding
From the 19th District Court McLennan County, Texas
Trial Court No. 2011-2499-C1
MEMORANDUM OPINION
Relator Allan Latoi Story filed a petition for writ of mandamus seeking to compel the respondent, the Judge of the 19th Judicial District Court of McLennan County, to rule on his motion requesting a copy of the clerk's and reporter's records that have been filed in appellate cause no. 10-20-00034-CR, Story's pending appeal from an order denying his motion for post-conviction DNA testing under Chapter 64 of the Code of Criminal Procedure. The Court subsequently received a copy of the trial court's order, ordering the district clerk to send Story a copy of the clerk's and reporter's records that have been filed in appellate cause no. 10-20-00034-CR. Because a ruling has been made on Story's motion, Story's petition for writ of mandamus is dismissed as moot. See Nat'l Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) ("Appellate courts are prohibited from deciding moot controversies.").
The petition for writ of mandamus has several procedural deficiencies. See TEX. R. APP. P. 52.3. It also lacks a proper proof of service. See id. R. 9.5. Story, however, has simultaneously filed a "Motion for Suspension of Rules," requesting that we implement Rule of Appellate Procedure 2 to suspend Rule of Appellate Procedure 9.5's proof-of-service requirement for the petition. See id. R. 2, 9.5. Because of our disposition and to expedite it, we grant Story's motion and implement Rule 2 to suspend the rules in this proceeding only. See id. R. 2. --------
MATT JOHNSON
Justice Before Chief Justice Gray, Justice Neill, and Justice Johnson
Petition dismissed
Opinion delivered and filed March 17, 2021
Do not publish
[OT06]