In Re Billy Marvin Witt, III v. the State of Texas
This text of In Re Billy Marvin Witt, III v. the State of Texas (In Re Billy Marvin Witt, III v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00387-CV ___________________________
IN RE BILLY MARVIN WITT, III, Relator
Original Proceeding 97th District Court of Clay County, Texas Trial Court No. 25-039-DCCR-0103
Before Womack, Birdwell, and Wallach, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION
The court has considered relator’s1 petition for writ of mandamus and is of the
opinion that relief should be denied. Accordingly, relator’s petition for writ of
mandamus is denied.
Per Curiam
Delivered: August 4, 2025
1 The petition for writ of mandamus in this case was submitted on behalf of Billy Martin Witt, III by “Jeanie Rochelle Witt, on behalf of Billy Marvin Witt III” as “Managing Member and legal representative for Relator[.]” To represent another individual in court, a representative must have a license to practice law. See Tex. Gov’t Code Ann. §§ 81.101, 81.102(a); Tex. Penal Code Ann. § 38.123. Jeanie Rochelle Witt is not a licensed attorney, and a power of attorney does not give a nonlawyer authority to represent another in court. See, e.g., In re Flores, No. 11-24-00173-CR, 2024 WL 3056108, at *3 (Tex. App.—Eastland June 20, 2024, orig. proceeding) (mem. op.); In re Bailey, No. 09-10-00412-CV, 2010 WL 4354021, at *2 (Tex. App.—Beaumont Nov. 4, 2010, orig. proceeding) (mem. op.). When an individual is not represented by counsel, all documents filed—including a petition for writ of mandamus—must be signed by the individual and include the individual’s mailing address, telephone number, fax number if available, and email address. See Tex. R. App. P. 9.1(b). Further filings on behalf of the relator in this case by non-attorneys may be subject to being struck. See In re Pritchard, No. 05-20-00880-CV, 2020 WL 6866564, at *1 (Tex. App.—Dallas Nov. 23, 2020, no pet.) (mem. op.).
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