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Date: 02-24-2020
Case Style:
In re Seth Batterton
Case Number: 04-20-00003-CR
Judge: PER CURIAM
Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Irene Rios, Justice
Court: Fourth Court of Appeals San Antonio, Texas
Plaintiff's Attorney: Steven A. Wadsworth
Defendant's Attorney:
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Description:
Need help finding a lawyer for representation for filing a petition for writ of mandamus in Texas?
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On January 2, 2020, relator filed a petition for writ of mandamus, asking this court to order the district clerk to furnish him with copies of the clerk’s record and reporter’s record. By statute, an appellate court has the power to issue a writ of mandamus against a district or county court judge. See TEX. GOV’T CODE § 22.221(b). An appellate court may also issue a writ of mandamus to enforce its jurisdiction. See id. § 22.221(a). This court does not have jurisdiction to issue a writ of mandamus against a district clerk or a court reporter unless such writ is necessary to enforce our jurisdiction. See In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding) (per curiam). Relator has not asserted that the writ he is requesting is necessary to enforce our jurisdiction, nor has he provided a record that would support such an argument. Walker v. Packer,
827 S.W.2d 833, 837 (Tex. 1992) (holding relator has burden of providing a sufficient record to establish right to mandamus relief).
Outcome: Accordingly, relator’s petition for writ of mandamus is dismissed.
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Defendant's Experts:
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