in Re Carl W. Hartney

• Court: Court of Appeals of Texas
• Decided: May 13, 2015
• Docket: 09-15-00156-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00156-CR ____________________

IN RE CARL W. HARTNEY

_______________________________________________________ ______________

Original Proceeding ________________________________________________________ _____________

MEMORANDUM OPINION

Carl W. Hartney seeks a writ of mandamus to compel the trial court to

provide a free copy of the trial record for the purpose of preparing an application

for writ of habeas corpus. The mandamus petition lacks certified or sworn copies

of “every document that is material to the relator’s claim for relief[.]” See Tex. R.

App. P. 52.7(a)(1). Hartney failed to provide proof of service on the respondent

and the prosecuting attorney. See Tex. R. App. P. 9.5. Furthermore, the petition

demonstrates that Hartney is not entitled to mandamus relief because he has not

shown that he has a clear and indisputable right to the requested relief. See

1 Eubanks v. Mullin, 909 S.W.2d 574, 577 (Tex. App.—Fort Worth 1995, orig.

proceeding) (“We hold that an indigent criminal defendant is not entitled -- either

as a matter of equal protection or of due process -- to a free transcription of prior

proceedings for use in pursuing post-conviction habeas corpus relief.”).

The relator has not shown that he is entitled to mandamus relief.

Accordingly, the petition for writ of mandamus is denied.

PETITION DENIED.

PER CURIAM

Submitted on May 12, 2015 Opinion Delivered May 13, 2015 Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.