In Re Bobby Joe Buckner v. the State of Texas

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00320-CR

In re Bobby Joe Buckner

Original Proceeding

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

Relator’s Petition for Writ of Mandamus was filed on September 5, 2025.

There are procedural problems with the petition, including but not limited to,

Relator’s failure to provide proof of service of the petition to the trial court

judge and the State, and the documents relied on by Relator are not properly

sworn. See TEX. R. APP. P. 9.5; 52.3(k); 52.7(a), (c); TEX. CIV. PRAC. & REM.

CODE § 132.001(c). Nevertheless, we use Rule 2 to suspend the operation of

these rules and deny relator’s petition. See TEX. R. APP. P. 2.

Relator’s Motion to Appoint Counsel, also filed on September 5, 2025, is

dismissed as moot.

LEE HARRIS Justice OPINION DELIVERED and FILED: September 25, 2025 Before Justice Smith, Justice Harris, and Senior Justice Davis 1 Petition denied Motion dismissed Do Not Publish OT06

1 The Honorable Rex Davis, Senior Justice (Retired) of the Tenth Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003.

In re Buckner Page 2