In re Kenneth Hall

Summary

The Sixth Court of Appeals of Texas at Texarkana denied Kenneth Hall’s pro se petition for a writ of mandamus. Hall sought relief concerning a nunc pro tunc judgment of conviction, but the court held that he failed to comply with Texas Rules of Appellate Procedure governing factual support, certification, and assembly of the mandamus record.

Holdings

1. A relator seeking mandamus relief must comply with the requirements of Texas Rules of Appellate Procedure 52, including supporting factual assertions with competent evidence, providing required certified or sworn documents, and including the relevant trial court order or other document showing the complained-of matter.
2. Hall was not entitled to mandamus relief because his failure to provide a sufficient mandamus record prevented the court from making a sound decision.

Questions Presented

1. Whether Hall was entitled to mandamus relief when his petition failed to comply with the Texas Rules of Appellate Procedure governing factual support and the contents of the mandamus record.
2. Whether the court of appeals could decide Hall's challenge to the nunc pro tunc judgment on an incomplete mandamus record.

Disposition

writ_denied