Opinion
No. 05-20-00926-CV
11-23-2020
IN RE MILTON LEE TARVER, Relator
Original Proceeding from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause No. F98-02379-QU
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Evans
Opinion by Justice Evans
Milton Lee Tarver has filed a petition for writ of mandamus requesting the Court order the City of Dallas Police Department to turn over to him a police report that he contends contains exculpatory material. Relator has also filed motions as exhibits to his petition requesting that the Court subpoena medical records and a witness from the Dallas Rape Crisis Center. We deny relief.
This Court does not have jurisdiction to issue a writ of mandamus against a police department or a rape crisis center unless it is necessary to enforce our own jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (authorizing court of appeals to issue writs of mandamus against district and county judges within appellate court's geographic jurisdiction or when necessary to enforce appellate court's jurisdiction); see also In re Butler, (No. 01-13-00177-CR, 2013 WL 1136856, at *1 (Tex. App.—Houston [1st Dist.] Mar. 19, 2013, orig. proceeding) (mem. op. per curiam, not designated for publication) (denying mandamus against police department).
Finding no basis for relief, we deny relator's petition for writ of mandamus and deny as moot his motions.
/s/_________
DAVID EVANS
JUSTICE 200926F.P05