in Re: Edward Elliott Bryant
This text of in Re: Edward Elliott Bryant (in Re: Edward Elliott Bryant) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Edward Elliott Bryant has filed a petition for writ of mandamus in which he asks this Court to order the court reporter for the 208th Judicial District Court of Harris County, Texas, to provide him with a complete reporter's record so that he can adequately raise a habeas corpus claim.
This Court has jurisdiction to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district." Tex. Gov't Code Ann. § 22.221(b) (Vernon 2004).
We cannot address Bryant's petition for writ of mandamus for two reasons. First, Harris County is not within our appellate district, and we have no mandamus authority (except in very specific situations which have not been alleged to exist here) over entities outside our district. Harris County is not within the territorial jurisdiction of this court. Tex. Gov't Code Ann. § 22.201(g) (Vernon Supp. 2008). Thus, we have no jurisdiction over the petition for writ of mandamus.
Second, we do not have mandamus authority over court reporters. As set out above, our mandamus authority is provided by statute, and is limited to certain categories of judicial officials, not including court reporters. Again, there are some limited exceptions to that general rule, but again, they do not apply here. Even if we had jurisdiction to issue a writ of mandamus, we have no authority in this situation to provide the requested relief.
The petition for writ of mandamus is denied.
Bailey C. Moseley
Justice
Date Submitted: August 18, 2008
Date Decided: August 19, 2008
160; Donald R. Ross
Date Submitted: September 18, 2006
Date Decided: September 19, 2006
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
in Re: Edward Elliott Bryant, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-edward-elliott-bryant-texapp-2008.