Opinion

in Re Jamal Martinez Hancock

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jun 30, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued June 30, 2011.

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-11-00355-CR

———————————

IN RE Jamal Martinez Hancock , Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator,

Jamal Martinez Hancock, has filed a pro se petition for writ of mandamus

complaining that the trial court refuses to compel his attorney to file an

affidavit detailing the actions taken to represent relator in the underlying

case and responding to the allegations of ineffective assistance of counsel in

relator’s petition for writ of habeas corpus. [1]

We deny

relator’s petition for writ of mandamus.

See Tex. R. App. P . 9.5(a), (d) (requiring proof that copy of all

documents filed were served on all parties to proceeding); In re Whitfield , No. 10-10-00231-CR, 2010 WL 2683134 , at *1 n.1

(Tex. App.—Waco July 7, 2010, orig. proceeding) (mem. op.) (noting that

district attorney is a party in criminal mandamus proceedings); see also In re Chavez , 62 S.W.3d 225,

228 (Tex. App.—Amarillo 2001, orig. proceeding) (noting that merely filing motion with district clerk is not

sufficient to impute knowledge of motion and need for ruling to trial court); Barnes v. State , 832 S.W.2d 424, 426

(Tex. App.—Houston [1st Dist.] 1992, orig. proceeding) (per curiam) (noting

that court cannot grant mandamus relief unless relator shows he requested a

hearing or otherwise brought motion to trial court’s attention).

PER CURIAM

Panel

consists of Chief Justice Radack and Justices Sharp and Brown.

Do

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

[1] A jury

convicted relator of murder and assessed punishment at confinement for 99 years

in State v. Hancock , No. 0926994, in

the 179th District Court of Harris County, Texas, the Honorable Randy Roll

presiding. This Court affirmed relator’s conviction. See

Hancock v. State , No. 01-02-01186-CR, 2004 WL 253272 , at *4 (Tex.

App.—Houston [1st Dist.] Feb. 12, 2004, no pet.) (mem. op., not designated for

publication). Relator has now filed an

application for writ of habeas corpus challenging his conviction. Relator’s habeas corpus proceeding is pending

in the trial court as Ex parte Jamal

Martinez Hancock , No. 0926994-A.

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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