in Re: Irwin Dewayne Gaines

• Court: Court of Appeals of Texas
• Decided: January 24, 2007
• Docket: 12-07-00015-CR
• Status: Published

Opinion

                NO. 12-07-00014-CR

NO. 12-07-00015-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: IRWIN DEWAYNE GAINES,        §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

            In this original proceeding, Irwin Dewayne Gaines seeks a writ of mandamus requiring Donna Phillips, District Clerk of Nacogdoches County, Texas, to transmit to the Texas Court of Criminal Appeals copies of Gaines’s application for writ of habeas corpus, any answers filed, and a certificate reciting the date upon which the finding was made that there are no unresolved facts material to the legality of his confinement. 

            A court of appeals has the authority to issue writs of mandamus against a judge of a district or county in the court of appeals district and all writs necessary to enforce its jurisdiction.  Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).  In order for a district clerk to fall within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction.  See id.; In re Coronado, 980 S.W.2d 691, 692-93 (Tex. App.–San Antonio 1998, orig. proceeding).  Gaines has not demonstrated that the exercise of our mandamus authority against Respondent is appropriate to enforce our jurisdiction.  Consequently, we have no authority to issue a writ of mandamus.  Accordingly, the petition for writ of mandamus is  dismissed for want of jurisdiction.

                                                                                                     JAMES T. WORTHEN   

                                                                                                                 Chief Justice

Opinion delivered January 24, 2007.

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

(DO NOT PUBLISH)