Opinion

in Re Charles Brown

Court
Texas Court of Appeals, 1st District (Houston)
Filed
May 7, 2015
Status
Published
Cited by
0 cases
Authority
More cited than 41.1%

The opinion

Opinion issued May 7, 2015

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-15-00347-CR

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IN RE CHARLES BROWN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Charles Brown, has filed a petition for writ of mandamus, seeking

to compel the Harris County District Clerk to respond to his requests for

information about a motion for DNA testing Brown filed in July, 2014.1

We have no jurisdiction to compel the district clerk to act on Brown’s

motion. See, e.g., In re Potts, 357 S.W.3d 766 (Tex. App.—Houston [14th Dist.]

1

The underlying case is The State of Texas v. Charles Laneil Brown, No. 1179042

in the 339th District Court of Harris County, Texas.

2011, no pet.) (court of appeals lacks jurisdiction to compel the district clerk to

accept a mandamus petition for filing); TEX. GOV’T. CODE ANN. § 22.221 (West

2004) (limiting mandamus jurisdiction to (1) writs against a district court judge or

county court judge in the court of appeals’ district, and (2) all writs necessary to

enforce the court of appeals’ jurisdiction). Accordingly, we dismiss the petition

for writ of mandamus for want of jurisdiction.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Huddle.

Do not publish. TEX. R. APP. P. 47.2(b).

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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