Summary
The Thirteenth Court of Appeals of Texas denied Reginald Callis’s pro se petition for a writ of mandamus. The court held that Callis did not establish entitlement to mandamus relief and noted that Texas habeas corpus proceedings under Code of Criminal Procedure article 11.07 are the exclusive remedy for felony post-conviction relief in state court.
Holdings
- A criminal-case relator is entitled to mandamus relief only upon showing that the requested act is ministerial and nondiscretionary and that no adequate remedy at law exists; Callis failed to satisfy this burden.
- Article 11.07 of the Texas Code of Criminal Procedure provides the exclusive remedy in Texas state courts for felony post-conviction relief; mandamus therefore was not an available substitute for that procedure.
Questions Presented
- Whether Callis established entitlement to mandamus relief by showing that the act he sought to compel was ministerial and that he lacked an adequate remedy at law.
- Whether mandamus was an available vehicle for Callis's felony post-conviction claims concerning the validity of his conviction and judgment.
Disposition
writ_denied
Cases Cited (9)
- Ex parte Callis, No. 13-22-00264-CR, 2022 WL 3971792, at *1 n.1 (Tex. App.—Corpus Christi–Edinburg Sept. 1, 2022, no pet.) (mem. op., not designated for publication)(cited)
- In re Meza, 611 S.W.3d 383, 388 (Tex. Crim. App. 2020) (orig. proceeding)(cited)
- In re Harris, 491 S.W.3d 332, 334 (Tex. Crim. App. 2016) (orig. proceeding) (per curiam)(cited)
- State ex rel. Young v. Sixth Jud. Dist. Ct. of Apps. at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding)(cited)
- In re Pena, 619 S.W.3d 837, 839 (Tex. App.—Houston [14th Dist.] 2021, orig. proceeding)(cited)
- Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding) (per curiam)(cited)
- Padieu v. Ct. of Apps. of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (orig. proceeding)(cited)
- In re Briscoe, 230 S.W.3d 196, 197 (Tex. App.—Houston [14th Dist.] 2006, orig. proceeding)(cited)
- Calton v. Schiller, 498 S.W.3d 247, 252 (Tex. App.—Texarkana 2016, pet. denied)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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