Summary
The Texas Court of Appeals, Third District, denied Keith Russell Judd’s pro se petition for writ of mandamus. Judd sought to compel the district court to rule on motions concerning his attempted placement on the 2012 presidential primary ballot, challenges to President Barack Obama’s ballot eligibility, and voting rights for incarcerated felons; the court concluded that the record did not establish entitlement to mandamus relief.
Topics
Practice areas
Questions Presented
- Whether Judd was entitled to mandamus relief compelling the district court to rule on his alleged pending motions.
Holdings
- Judd was not entitled to mandamus relief because the record did not permit the court to determine that the district court had abused its discretion or that Judd lacked an adequate appellate remedy.
Key quotations
“We similarly cannot determine on this record whether Judd is entitled to mandamus relief.”
Factual background
Keith Russell Judd, a federal inmate proceeding pro se, sought mandamus relief concerning motions for declaratory and injunctive relief against the Texas Secretary of State. The motions allegedly related to Judd's attempt to obtain a place on the 2012 Democratic presidential primary ballot, remove President Barack Obama from that ballot, and permit convicted and incarcerated felons to vote. Judd did not provide copies of the motions or specify when they were filed.
Procedural history
Judd alleged that he had filed motions relating to his unsuccessful effort to appear on the State's 2012 Presidential Primary Election ballot, to remove President Barack Obama from the ballot, and to permit incarcerated felons to vote. He did not provide copies of the motions or identify when they were filed. The court had denied a similar mandamus petition in 2011 because the record did not establish an abuse of discretion or the absence of an adequate appellate remedy, and it denied the present petition for similar reasons.