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Date: 10-25-2020
Case Style:
In re David James
Case Number: 01-19-01005-CR
Judge: PER CURIAM
Panel consists of Justices Kelly, Goodman, and Countiss.
Court: Court of Appeals
For The
First District of Texas
Plaintiff's Attorney: William Werner Durham
Stuart A. Hughes
Defendant's Attorney:
OR
Just Call 855-853-4800 for Free Help Finding a Lawyer Help You.
Description:
Huntsville, TX - Criminal defense lawyer represented defendant David James with filing a petition for writ of mandamus.
Relator, David James, filed a petition for writ of mandamus, to compel the
respondent, the Honorable Donald L. Kraemer, presiding judge of the 12th District
Court in Walker County to rule on relator’s motion to recuse. We dismiss for lack
of jurisdiction.1
1 The underlying case is David James v. State of Texas, cause number 21928, pending
in the 12th District Court of Walker County, Texas, the Hon. Donald L. Kraemer
presiding.
2
The State of Texas is divided into fourteen courts of appeals districts. This
Court’s district “is composed of the counties of Austin, Brazoria, Chambers,
Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and Washington.” TEX.
GOV’T CODE § 22.201(a)-(b). Although this Court’s district previously included
Walker County, this was changed by the Legislature in 2005. See Act of September
1, 2005, 79th Leg., R.S., ch. 542, sec. (1)(b), 2005 Tex. Gen. Laws 1466. And,
although relator’s previous appeals and original proceedings were heard in this
Court, those were filed before the effective date of the amended Section 22.201(b).
Walker County is now within the district of the Tenth Court of Appeals located in
Waco, Texas. See TEX. GOV’T CODE § 22.201(k).
This Court lacks jurisdiction to consider a petition for writ of mandamus
seeking to compel an action by a trial court of a county not without this Court’s
district. See TEX. GOV’T CODE § 22.221(b) (providing that courts of appeals may
issues writs of mandamus “against a judge of a district, statutory county, statutory
probate county, or county court in the court of appeals district”); In re Johnson, 279
S.W.3d 700, 701 (Tex. App.—Amarillo 2007, orig. proceeding) (dismissing
mandamus petition for lack of jurisdiction because relator sought relief against trial
court in county not within court of appeals’ district). Although this Court does have
jurisdiction to issue writs of mandamus “necessary to enforce the jurisdiction of the
court,” this petition does not seek to enforce our jurisdiction. See In re Williams, 123
3
S.W.3d 39, 40–41 (Tex. App.—Houston [1st Dist.] 2003, orig. proceeding)
(dismissing petition for writ of mandamus because Brazos County was no longer
within First Court of Appeals district and petition did not seek to enforce jurisdiction
of First Court of Appeals).
Outcome: Accordingly, the petition for writ of mandamus is dismissed for lack of
jurisdiction. See Williams, 123 S.W.3d at 41. Any pending motions are dismissed as
moot.
Plaintiff's Experts:
Defendant's Experts:
Comments: