Summary
The Texas Sixth Court of Appeals denied John Henry Garber’s petition for a writ of mandamus seeking to compel a county court to rule on pretrial motions in three misdemeanor cases. The court held that Garber failed to establish a clear right to relief because the record showed he had failed to appear, had outstanding arrest warrants, and had not provided a sufficient record demonstrating entitlement to mandamus relief.
Holdings
- Garber was not entitled to mandamus relief because he failed to present a record establishing a clear right to relief, particularly in light of his failure to appear and the absence of evidence that he had returned to custody or otherwise made himself available to the trial court.
Questions Presented
- Whether Garber established a clear right to mandamus relief compelling the trial court to rule on his pretrial motions.
- Whether the record was sufficient to establish that the trial court failed to perform a ministerial act after the motions were properly presented and a reasonable time to rule had elapsed.
Disposition
writ_denied
Cases Cited (12)
- In re McCann, 422 S.W.3d 701, 704 (Tex. Crim. App. 2013) (orig. proceeding)(followed)
- In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding)(followed)
- Bowen v. Carnes, 343 S.W.3d 805, 810 (Tex. Crim. App. 2011) (orig. proceeding)(followed)
- State ex rel. Young v. Sixth Jud. Dist. Ct. of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding)(followed)
- State ex rel. Holmes v. Denson, 671 S.W.2d 896, 899 (Tex. Crim. App. 1984) (orig. proceeding)(followed)
- In re Chavez, 62 S.W.3d 225, 228 (Tex. App.—Amarillo 2001, orig. proceeding)(followed)
- In re Blakeney, 254 S.W.3d 659, 661, 663 (Tex. App.—Texarkana 2008, orig. proceeding)(followed)
- In re Hardy, No. 03-25-00028-CV, 2025 WL 352167, at *1 (Tex. App.—Austin Jan. 31, 2025, orig. proceeding) (mem. op.)(followed)
- Lizcano v. Chatham, 416 S.W.3d 862, 863 (Tex. Crim. App. 2011) (orig. proceeding) (Alcala, J., concurring)(followed)
- Ortega-Rodriguez v. United States, 507 U.S. 234, 239, 246 (1993)(applied)
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Cited In (0)
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Court Document
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