in Re: Curtis Antonio Davis

• Court: Court of Appeals of Texas
• Decided: January 31, 2007
• Docket: 12-06-00377-CR
• Status: Published

Opinion

                NO. 12-06-00376-CR

NO. 12-06-00377-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: CURTIS ANTONIO DAVIS,          §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

PER CURIAM

            Curtis Antonio Davis seeks a writ of mandamus requiring the trial court to file two misdemeanor applications for writ of habeas corpus and set a hearing date to dispose of the applications.  The basis of his complaint was that he had repeatedly attempted to obtain information about the status of his habeas applications, but had been unable to learn when the applications were filed by the trial court and when the trial court intended to rule on the applications.  Most recently, Davis filed a “Motion to Compel Hearing on Writ Applications or Order Showing Denial.”  Approximately one month later, he filed this original proceeding complaining that the trial court had not furnished the requested information and had not ruled on his motion to compel.  On January 25, 2007, we received a copy of an order signed by the trial court denying Davis’s motion to compel a hearing on his writ applications.  By this order, Davis has received the relief he requested in this proceeding.  Accordingly, the petition for writ of mandamus is dismissed as moot.

Opinion delivered January 31, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)