In Re: Derrick Shawn Culberson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 8, 2024
• Docket: 05-24-00595-CV
• Status: Published

Opinion

DENIED and Opinion Filed July 8, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00595-CV

IN RE DERRICK SHAWN CULBERSON, Relator

Original Proceeding from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F-9830801

MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Kennedy Opinion by Justice Goldstein In his May 16, 2024 petition for writ of mandamus, relator contends that the

trial court refused or has failed to act on his article 11.072 application for writ of

habeas corpus.

To establish a right to mandamus relief in a criminal case, the relator must

show that the trial court violated a ministerial duty and there is no adequate remedy

at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig.

proceeding). After reviewing relator’s petition and the record before us, we conclude

that relator has failed to demonstrate entitlement to mandamus relief. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE 240595F.P05

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