In re Marlin Wayne Webb

Summary

The Tenth Court of Appeals denied Marlin Wayne Webb’s petition for writ of mandamus seeking an order requiring the trial judge to rule on motions for DNA testing and appointment of counsel. The court held that Webb had not shown that he brought the motions to the trial judge’s attention, a prerequisite to mandamus relief based on a failure to rule.

Holdings

1. Mandamus relief was unavailable because Webb failed to establish from a sufficient record that he brought the motions to the trial judge's attention.

Questions Presented

1. Whether Webb was entitled to mandamus relief compelling the trial judge to rule on his motions for DNA testing and appointment of counsel.

Disposition

writ_denied