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Date: 02-24-2021
Case Style:
In Re Charles Matula
Case Number: 09-21-00002-CR
Judge: PER CURIAM
Court: Court of Appeals
Ninth District of Texas at Beaumont
Plaintiff's Attorney: Brent Chapell
Defendant's Attorney:
OR
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Description:
Beaumont, Texas - Criminal defense attorney represented Charles Matula with a seeks to stay execution on a search warrant issued on October 2, 2020, by the judge of the 9th District Court of Montgomery County, Texas, in his capacity as a magistrate and to compel the judge to quash the search warrant..
Through a petition for a writ of mandamus and a motion for temporary relief,
Charles Matula seeks to stay execution on a search warrant issued on October 2,
2020, by the judge of the 9th District Court of Montgomery County, Texas, in his
capacity as a magistrate and to compel the judge to quash the search warrant.1 See (mem. op., not designated for publication). Matula alleged he is the owner of the Yahoo account that is the subject of the search warrant
in an amended motion to quash the search warrant. This mandamus proceeding
2
State ex rel. Holmes v. Salinas, 774 S.W.2d 421, 422-23 (Tex. App.—Houston [14th
Dist.] 1989, orig. proceeding).
To be entitled to mandamus relief, a relator must show that he has no adequate
remedy at law available and that he seeks to compel a ministerial act. State ex rel.
Healey v. McMeans, 884 S.W.2d 772, 774 (Tex. Crim. App. 1994) (orig.
proceeding). An act is ministerial when the law clearly spells out the duty to be
performed with such certainty that nothing is left to the exercise of discretion or
judgment. Id. Relator has not shown that he has a clear and indisputable right to the
relief sought.
Outcome: Accordingly, we deny the petition for writ of mandamus and motion
for temporary relief.
Plaintiff's Experts:
Defendant's Experts:
Comments: