Opinion

in Re Frank Alton Miller III

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Sep 29, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued September 29, 2011.

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-11-00657-CR

———————————

In re frank alton

miller iii , Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

By petition for writ of mandamus,

relator, Frank Alton Miller III , seeks

mandamus relief compelling the trial court to provide him with the police

report in his case. [1]

A writ of mandamus will issue to correct a clear abuse of

discretion or the violation of a duty imposed by law when there is no adequate

remedy at law. Canadian Helicopters Ltd. v. Wittig , 876

S.W.2d 304, 305 (Tex. 1994) (orig. proceeding).

If the respondent trial court has a legal duty to perform a

nondiscretionary act, the relator must make a demand for performance that the

respondent refuses. Barnes v. State , 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.]

1992, orig. proceeding). The relator

must also provide this Court with a sufficient record to establish his right to

mandamus relief. Walker v. Packer , 827 S.W.2d 833, 837 (Tex. 1992) (orig.

proceeding).

Relator has not provided us with a record that shows he filed

any motions or otherwise requested relief from respondent, nor has he included

a certified or sworn copy of any order complained of or any other document

showing the matter complained of. See Tex.

R. App. P . 52.3(k)(1)(A).

Therefore, the petition for writ of mandamus is denied .

PER CURIAM

Panel

consists of Chief Justice Radack and Justices Sharp and Brown.

Do

not publish. Tex. R. App. P . 47.2(b).

[1] Relator

has identified the underlying case as Cause No. 1138732 in the 183rd District

Court of Harris County, Texas.

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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