In Re: Aaron Crone v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 30, 2023
• Docket: 05-23-01114-CV
• Status: Published

Opinion

Denied and Opinion Filed November 30, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01114-CV

IN RE AARON CRONE, Relator

Original Proceeding from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-55616-2022

MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Partida-Kipness Before the Court is relator’s November 7, 2023 petition for writ of mandamus.

Relator challenges portions of the trial court’s August 25, 2023 Temporary Orders

During Pendency of Appeal and contends the respondent abused her discretion by

not recusing herself from the case below.

Entitlement to mandamus relief requires relator to show that the trial court

clearly abused its discretion and that relator lacks an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing relator’s petition and the record before us, we conclude

that relator has failed to demonstrate entitlement to mandamus relief. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 231114F.P05

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