in Re David Richard Lutz, Relator

Court of Appeals of Texas

in Re David Richard Lutz, Relator

Court of Appeals of Texas·Decided November 4, 2009·No. 04-09-00653-CV·Published

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-09-00653-CV

IN RE David Richard LUTZ

Original Proceeding1

PER CURIAM

Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: November 4, 2009 PETITION FOR WRIT OF CORAM NOBIS DENIED On October 14, 2009, relator filed an “Original Petition for Writ of Error Coram Nobis.”

This court has determined that relator is not entitled to the relief sought because the common law writ of coram nobis is not recognized in Texas. See Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952). Accordingly, the petition is DENIED. See TEX . R. APP . P. 52.8(a).

Additionally, relator filed a “Motion for Leave to File Writ of Error Coram Nobis.” No leave is required to file an original petition in this court. TEX . R. APP . P. 52. Therefore, relator’s motion for leave to file is DENIED as moot.

PER CURIAM

… This proceeding arises out of Cause No. 07-11-18730-CV, in the 38th Judicial District Court, Medina

1

County, Texas, the Honorable Camile DuBose presiding.

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i i i i i i

MEMORANDUM OPINION

No. 04-09-00653-CV

IN RE David Richard LUTZ

Original Proceeding1

PER CURIAM

Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: November 4, 2009 PETITION FOR WRIT OF CORAM NOBIS DENIED On October 14, 2009, relator filed an “Original Petition for Writ of Error Coram Nobis.”

This court has determined that relator is not entitled to the relief sought because the common law writ of coram nobis is not recognized in Texas. See Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952). Accordingly, the petition is DENIED. See TEX . R. APP . P. 52.8(a).

Additionally, relator filed a “Motion for Leave to File Writ of Error Coram Nobis.” No leave is required to file an original petition in this court. TEX . R. APP . P. 52. Therefore, relator’s motion for leave to file is DENIED as moot.

PER CURIAM

… This proceeding arises out of Cause No. 07-11-18730-CV, in the 38th Judicial District Court, Medina

1

County, Texas, the Honorable Camile DuBose presiding.

in Re David Richard Lutz, Relator, (Tex. Ct. App. 2009).

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Opinion

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