In Re Billy Wayne Wallace v. the State of Texas
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Opinion
In the Court of Appeals Sixth Appellate District of Texas at Texarkana
No. 06-24-00023-CR
IN RE BILLY WAYNE WALLACE
Original Mandamus Proceeding
Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin MEMORANDUM OPINION
Relator, Billy Wayne Wallace, filed a petition for a writ of mandamus asking this Court
to direct the “Lamar County District Court,” Respondent, to enter a writ of mandamus directing
Respondent “to credit Relator with time spent in the Lamar County Jail from [June 21, 2021,] to
the date of filing” of his petition. We deny the petition.
Article V, Section 6, of the Texas Constitution defines the appellate jurisdiction of the
courts of appeals, stating that they “shall have such other jurisdiction, original and appellate, as
may be prescribed by law.” TEX. CONST. art. V, § 6(a). Section 22.221 of the Texas
Government Code authorizes appellate courts to issue writs of mandamus against certain judges
in their districts, including judges of district courts, and “to enforce the jurisdiction of the court.”
TEX. GOV’T CODE ANN. § 22.221(a), (b) (Supp.).
Although Lamar County is within our appellate jurisdiction, it has two district courts, the
6th Judicial District Court and the 62nd Judicial District Court. Relator’s petition does not
identify which judge and district court in Lamar County against whom he seeks a writ of
mandamus. In addition, Relator’s petition appears to complain of the actions, or the failure to
act, of the district clerk of Lamar County, over whom we do not have mandamus jurisdiction in
the circumstances alleged by the petitioner. As a result, we are unable to determine whether we
have jurisdiction to issue a writ of mandamus.
2 Accordingly, we deny the petition for a writ of mandamus.
Jeff Rambin Justice
Date Submitted: February 14, 2024 Date Decided: February 15, 2024
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