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In re Thomas

Court of Appeals Fifth District of Texas at Dallas
Jan 6, 2012
No. 05-11-01530-CV (Tex. App. Jan. 6, 2012)

Opinion

No. 05-11-01530-CV

01-06-2012

IN RE BERNARD ZELMA THOMAS, Relator


Writ of Mandamus Denied, Opinion issued January 6, 2012.

Original Proceeding from the 397th Judicial District Court

Grayson County, Texas

Trial Court Cause No. 059227

MEMORANDUM OPINION

Before Justices Moseley, Richter, and Fillmore

Opinion by Justice Moseley

Relator contends the trial court violated a ministerial duty by not ruling on his motion for DNA testing. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not demonstrated that he brought his motion to the trial court's attention; thus, he has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); Stoner v. Massey, 586 S.W.2d 843, 846 (Tex. 1979) (orig. proceeding); In re Davidson, 153 S.W.3d 490, 491 (Tex. App.-Amarillo 2004, orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.

JIM MOSELEY

JUSTICE

111530F.P05


Summaries of

In re Thomas

Court of Appeals Fifth District of Texas at Dallas
Jan 6, 2012
No. 05-11-01530-CV (Tex. App. Jan. 6, 2012)
Case details for

In re Thomas

Case Details

Full title:IN RE BERNARD ZELMA THOMAS, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 6, 2012

Citations

No. 05-11-01530-CV (Tex. App. Jan. 6, 2012)