In Re Bryan Stallworth v. the State of Texas
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Opinion
IN THE TENTH COURT OF APPEALS
No. 10-24-00235-CR
IN RE BRYAN STALLWORTH
Original Proceeding
From the 12th District Court Walker County, Texas Trial Court No. 30582
MEMORANDUM OPINION
On May 28, 2024, this Court issued a Second Abatement Order in cause number
10-23-00257-CR, in which we ordered the trial court clerk and court reporter to file
supplemental records. Bryan Stallworth, acting pro se, has now filed a petition for writ of
mandamus seeking to compel the trial court clerk and court reporter to file those
supplemental records in cause number 10-23-00257-CR.
First, we do not have jurisdiction to issue a writ of mandamus against a district
clerk or court reporter unless necessary to enforce our jurisdiction. See TEX. GOV’T CODE
ANN. § 22.221(a), (b); In re Strickhausen, 994 S.W.2d 936, 936 (Tex. App.—Houston [1st
Dist.] 1999, orig. proceeding) (per curiam). Stallworth has not shown that a writ of mandamus directed to the district clerk or court reporter is necessary to enforce our
jurisdiction.
Second, on June 10, 2024, in cause number 10-23-00257-CR, the Court received the
supplemental clerk’s record ordered by the Second Abatement Order, and on June 28,
2024, in cause number 10-23-00257-CR, the Court received the supplemental reporter’s
record of the abatement hearing that was held on June 17, 2024, pursuant to the Second
Abatement Order. Stallworth’s petition for writ of mandamus is therefore moot, and
appellate courts are prohibited from deciding moot controversies. Nat’l Collegiate Athletic
Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999); see Fouke v. State, 529 S.W.2d 772, 773 (Tex. Crim.
App. 1975) (dismissing appeal as moot because defendant voluntarily paid fine and costs
complained of in appeal).
For these reasons, Stallworth’s petition for writ of mandamus is dismissed for
want of jurisdiction.
MATT JOHNSON Justice
Before Chief Justice Gray, Justice Johnson, and Justice Smith Petition dismissed Opinion delivered and filed August 15, 2024 Do not publish [OT06]
In re Stallworth Page 2
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