In Re Cody Jay Riley v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 21, 2024
• Docket: 10-24-00072-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00072-CR

IN RE CODY JAY RILEY

Original Proceeding

From the 413th District Court Johnson County, Texas Trial Court No. F45054

MEMORANDUM OPINION

Relator’s “Petition for Writ of Mandamus” was filed on March 11, 2024. There are

procedural problems with this petition, such as no service on the trial court judge as the

respondent and no service on the State as the real-party-in-interest, 1 no certification, no

record, and no certified or sworn-to copy of any document showing the matter

complained of as required by the Rules of Appellate Procedure. See TEX. R. APP. P. 9.5,

52.3(j), (k)(1)(A), and 52.7. However, to expedite this decision, we use Rule 2 to suspend

the operation of these rules and proceed to a disposition of the petition. See TEX. R. APP.

1 We do not serve documents for parties, even if indigent and in prison. Relator could handwrite extra copies of the petition and serve those copies on the respondent and real-party-in-interest. P. 2.

Because the petition and/or brief was apparently never filed, there is nothing that

prevents the petitioner from again seeking the appointment of counsel to file an

application for a writ of habeas corpus. Accordingly, the petition for a writ of mandamus

is denied without prejudice to the petitioner’s ability to file a motion for the appointment

of counsel in the trial court.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Petition denied Opinion delivered and filed March 21, 2024 Do not publish [OT06]

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