In Re Bryan Stallworth v. the State of Texas

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00213-CR

IN RE BRYAN STALLWORTH

Original Proceeding

From the 12th District Court Walker County, Texas Trial Court No. 30582

MEMORANDUM OPINION

In this original proceeding, Relator Bryan Stallworth seeks mandamus relief in the

form of compelling the Respondent trial judge to hear and rule on several of his motions.

A court with mandamus authority “will grant mandamus relief if relator can

demonstrate that the act sought to be compelled is purely ‘ministerial’ and that relator

has no other adequate legal remedy.” In re Piper, 105 S.W.3d 107, 109 (Tex. App.—Waco

2003, orig. proceeding) (quoting State ex rel. Rosenthal v. Poe, 98 S.W.3d 194, 197–99 (Tex.

Crim. App. 2003) (orig. proceeding)). Consideration of a motion properly filed and before

the trial court is ministerial. State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). A trial judge has a reasonable time to

perform the ministerial duty of considering and ruling on a motion properly filed and

before the judge. In re Chavez, 62 S.W.3d 225, 228 (Tex. App.—Amarillo 2001, orig.

proceeding). But that duty generally does not arise until the movant has brought the

motion to the trial judge’s attention, and mandamus will not lie unless the movant makes

such a showing, and the trial judge then fails or refuses to rule within a reasonable time.

In re Rangel, 570 S.W.3d 968, 969 (Tex. App.—Waco 2019, orig. proceeding); see Chavez, 62

S.W.3d at 228.

Stallworth bears the burden of providing this Court with a sufficient record to

establish his right to mandamus relief. See Rangel, 570 S.W.3d at 969; In re Blakeney, 254

S.W.3d 659, 661 (Tex. App.—Texarkana 2008, orig. proceeding). The record here does not

show that Stallworth has brought any of the motions in question to the attention of the

trial judge and that the trial judge has then failed or refused to rule within a reasonable

time. Accordingly, we deny Stallworth’s petition for writ of mandamus.

MATT JOHNSON Justice

Before Chief Justice Gray,* Justice Johnson, and Justice Smith *(Chief Justice Gray concurs in the judgment. A separate opinion will not issue.) Petition denied Opinion delivered and filed July 19, 2023 Do not publish [OT06]

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