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In re Timms

Court of Appeals Fifth District of Texas at Dallas
Aug 10, 2016
No. 05-16-00858-CV (Tex. App. Aug. 10, 2016)

Opinion

No. 05-16-00858-CV

08-10-2016

IN RE STEPHEN HOWARD TIMMS, Relators


Original Proceeding from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause No. F-06-00155

MEMORANDUM OPINION

Before Justices Francis, Evans, and Stoddart
Opinion by Justice Evans

Relator contends the trial court failed to act on his motion for DNA testing. The facts and issues are well known to the parties, so we need not recount them herein. On July 28, 2016, the trial court issued its notification of request for forensic DNA testing in accordance with article 64.02 of the Texas Code of Criminal Procedure. Therefore, the issues presented in this petition are moot. See In re Williams, 05-12-00485-CV, 2012 WL 1595080, at *1 (Tex. App.—Dallas May 7, 2012, no pet.). Accordingly, we DISMISS relator's petition for writ of mandamus as moot.

/s/ David Evans

DAVID EVANS

JUSTICE 160858F.P05


Summaries of

In re Timms

Court of Appeals Fifth District of Texas at Dallas
Aug 10, 2016
No. 05-16-00858-CV (Tex. App. Aug. 10, 2016)
Case details for

In re Timms

Case Details

Full title:IN RE STEPHEN HOWARD TIMMS, Relators

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 10, 2016

Citations

No. 05-16-00858-CV (Tex. App. Aug. 10, 2016)