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In re Toney

Court of Appeals of Texas, First District, Houston
Jul 6, 2007
No. 01-07-00541-CR (Tex. App. Jul. 6, 2007)

Opinion

No. 01-07-00541-CR

Opinion issued July 6, 2007. DO NOT PUBLISH Tex. R. App. P. 47.2(b).

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Justices TAFT, JENNINGS, and ALCALA.


MEMORANDUM OPINION


Relator, Michael Scott Toney, has filed in this Court a pro se petition for writ of mandamus, complaining that the 208th District Court has not acted on his request for DNA testing of evidence in trial court cause number 9403369. A writ of mandamus will issue to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate remedy at law. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding). If the respondent trial court has a legal duty to perform a nondiscretionary act, the relator must make a demand for performance that the respondent refuses. Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding). The relator must also provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator has not provided us with a record that shows that he filed any motions or otherwise requested relief from respondent. See Tex. R. App. P. 52.3(j). Accordingly, we deny the petition for writ of mandamus.


Summaries of

In re Toney

Court of Appeals of Texas, First District, Houston
Jul 6, 2007
No. 01-07-00541-CR (Tex. App. Jul. 6, 2007)
Case details for

In re Toney

Case Details

Full title:IN RE MICHAEL SCOTT TONEY, Relator

Court:Court of Appeals of Texas, First District, Houston

Date published: Jul 6, 2007

Citations

No. 01-07-00541-CR (Tex. App. Jul. 6, 2007)