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In re Wendell

Court of Appeals of Texas, Twelfth District, Tyler
Jul 29, 2011
No. 12-11-00215-CR (Tex. App. Jul. 29, 2011)

Opinion

No. 12-11-00215-CR

Opinion delivered July 29, 2011. DO NOT PUBLISH.

Original Proceeding.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


In this original mandamus proceeding, Relator Henry Oliver Wendell complains that the trial court has refused to provide him a free record for use in preparing an application for writ of habeas corpus to challenge his murder conviction. An indigent criminal defendant ordinarily is not entitled to a free record for preparing a postconviction habeas application. In re Strickhausen , 994 S.W.2d 936, 937 (Tex. App.-Houston [1st Dist.] 2002, orig. proceeding). A free record is available for that purpose only if the defendant shows that the habeas corpus application is not frivolous and there is a specific need for the trial records that are sought. In re Coronado , 980 S.W.2d 691, 693 (Tex. App.-San Antonio 1998, orig. proceeding). Relator has not made any such showing here. Therefore, he has not shown that he is entitled to mandamus relief. Relator's petition for writ of mandamus is denied . Opinion delivered July 29, 2011.


Summaries of

In re Wendell

Court of Appeals of Texas, Twelfth District, Tyler
Jul 29, 2011
No. 12-11-00215-CR (Tex. App. Jul. 29, 2011)
Case details for

In re Wendell

Case Details

Full title:IN RE: HENRY OLIVER WENDELL, RELATOR

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Jul 29, 2011

Citations

No. 12-11-00215-CR (Tex. App. Jul. 29, 2011)