# in Re Frank Alton Miller III

> Texas Court of Appeals, 1st District (Houston) · September 29, 2011

URL: https://www.frixlaw.com/law-library/cases/3126821

## Case

- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** September 29, 2011
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

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Do
not publish.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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3126821. Public record. Not legal advice.