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Date: 04-22-2021
Case Style:
In re Robert Fields
Case Number: 10-21-00066-CR
Judge: PER CURIAM
Before Chief Justice Gray,
Justice Johnson, and
Justice Davis
Court: IN THE
TENTH COURT OF APPEALS
Plaintiff's Attorney: None Listed
Defendant's Attorney:
Description:
Waco, Texas - Criminal defense attorney represented Robert Fields with a petition for writ of mandamus
Relator’s petition for writ of mandamus, filed on March 23, 2021, is denied.1
Relator also presented within his petition a motion for leave to file his petition for
writ of mandamus. A motion for leave to file a petition for writ of mandamus is required
when relief by mandamus is sought from the Court of Criminal Appeals. TEX. R. APP. P.
72.1. The requirement for leave to file a petition for writ of mandamus at the court of
appeals level was eliminated in 1997. See TEX. R. APP. P. 52, Notes and Comments. Thus,
under the applicable rules, if mandamus relief is sought from an intermediate court of
appeals, such as the Tenth Court of Appeals, a motion for leave to file the petition is
unnecessary. The petition was filed without regard to the motion for leave to file it.
Outcome: Accordingly, the motion for leave to file a petition for writ of mandamus is dismissed as moot.
Plaintiff's Experts:
Defendant's Experts:
Comments: