in Re Carol Ann Davis

• Court: Court of Appeals of Texas
• Decided: October 28, 2015
• Docket: 09-15-00422-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00422-CR ____________________

IN RE CAROL ANN DAVIS

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Original Proceeding 359th District Court of Montgomery County, Texas Trial Cause No. 13-03-02547-CR _______________________________________________________________________

MEMORANDUM OPINION

In a petition for a writ of mandamus or prohibition, Carol Ann Davis asks

that we compel the judge of the 359th District Court of Montgomery County to

stay her trial pending the Court’s resolution of Davis’s appeal of the denial of her

pre-trial application for a writ of habeas corpus. 1 After reviewing the petition and

appendix, we conclude Davis has failed to establish that the trial court either

denied a motion that it had a ministerial duty to grant or refused to rule on a motion

1 See generally Ex parte Davis, No. 09-15-00063-CR, 2015 WL 6121521, at *1 (Tex. App.—Beaumont Oct. 14, 2015, no pet. h.) (mem. op., not designated for publication). 1 properly filed and before the court. Davis has not shown that she has a clear right

to the relief sought under “unequivocal, well-settled . . . and clearly controlling

legal principles.” Simon v. Levario, 306 S.W.3d 318, 320 (Tex. Crim. App. 2009).

Accordingly, we deny the petition. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on October 27, 2015 Opinion Delivered October 28, 2015 Do Not Publish

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