In re Eric Marques

Summary

The Thirteenth Court of Appeals of Texas denied Eric Marques’s pro se petition for writ of mandamus seeking to compel the trial court to rule on a motion for habeas relief and expunction. The court held that Marques did not meet his burden to establish entitlement to mandamus relief, including showing that the trial court had received and failed to rule on the motion within a reasonable time.

Holdings

1. A criminal-case relator seeking mandamus relief must establish both that the act sought to be compelled is ministerial and that there is no adequate remedy at law.
2. To obtain mandamus relief for a trial court's failure to rule, the relator must show that the trial court had a legal duty to rule, was asked to rule, and failed or refused to rule within a reasonable time; the relator must also show that the court received and was aware of the motion.
3. Marques was not entitled to mandamus relief because he did not meet his burden to establish the requirements for that extraordinary remedy.

Questions Presented

1. Whether Marques established the requirements for mandamus relief in a criminal case.
2. Whether Marques demonstrated that the trial court had been asked to rule on his motion and had failed or refused to rule within a reasonable time.

Disposition

writ_denied