In re Paul A. Propes, Jr.

Summary

The Fifth District Court of Appeals of Texas denied Paul A. Propes, Jr.’s petition for a writ of mandamus seeking to compel the trial court to respond to and rule on his motion for coram nobis. The court held that the petition failed to comply with multiple Texas Rules of Appellate Procedure requirements, including certification and submission of an appendix or record, and therefore did not establish entitlement to mandamus relief.

Holdings

1. A relator seeking mandamus relief in a criminal case must show that the trial court violated a ministerial duty and that there is no adequate remedy at law.
2. A mandamus relator bears the burden of providing the appellate court with a sufficient record to demonstrate entitlement to relief.

Questions Presented

1. Whether Propes established entitlement to mandamus relief by showing that the trial court violated a ministerial duty and that he had no adequate remedy at law.
2. Whether the petition should be denied because it failed to comply with the Texas Rules of Appellate Procedure and lacked a certified appendix or record.

Disposition

writ_denied