In re Kerry L. Burke

Summary

The Thirteenth Court of Appeals of Texas denied Kerry L. Burke’s pro se petition for writ of mandamus seeking release from imprisonment on a personal bond. The court held that Burke did not meet the burden required to obtain mandamus relief and granted his motion to proceed without payment of costs.

Holdings

1. A relator seeking mandamus relief in a criminal case must establish both that the act sought to be compelled is ministerial and does not involve a discretionary or judicial decision, and that there is no adequate remedy at law.
2. The relator bears the burden to properly request mandamus relief and provide a sufficient record establishing the right to that relief.

Questions Presented

1. Whether Burke established entitlement to mandamus relief compelling the trial court to release him from imprisonment on a personal bond.
2. Whether Burke demonstrated that the act sought was ministerial, that he lacked an adequate remedy at law, and that the record established his right to relief.

Disposition

writ_denied