Date: 02-04-2016

Case Style: In Re Corey J. Schuff

Case Number: 09-16-00001-CR

Judge: Hollis Horton, Charles Kreger, Steve McKeithen

Court: In The Court of Appeals Ninth District of Texas at Beaumont

Plaintiff's Attorney: Ann Manes

Defendant's Attorney: Unavailable

Description: Relator Corey J. Schuff, a pro se inmate, filed a petition for writ of
mandamus, in which he contends that he filed requests for post-conviction DNA
testing and appointment of counsel, but the trial court has failed to rule on his
motion. Schuff asserts in the alternative that the clerk failed to bring his motions to
the court’s attention.
The State filed a response in which it indicates that it has not received
Schuff’s request. Attached as an exhibit to the State’s response is a letter from the
Appellate Coordinator of the Criminal Courts Appellate – Writ Division to Schuff,
dated January 15, 2016, in which the coordinator stated that she had not received
the motion, invited Schuff to send her a copy, and stated that she would file the
documents with the District Clerk.
Schuff has not demonstrated that he is clearly entitled to mandamus relief
from this Court. See State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d
924, 927 (Tex. Crim. App. 2001) (To demonstrate entitlement to a writ of
mandamus, a relator must establish that the trial court failed to perform a
ministerial duty, and that relator has no other adequate legal remedy.).

Outcome: Accordingly, we deny relief on the petition for writ of mandamus without
prejudice.

PETITION DENIED.

Plaintiff's Experts:

Defendant's Experts:

Comments: