In Re Jaime Luevano v. the State of Texas
This text of In Re Jaime Luevano v. the State of Texas (In Re Jaime Luevano v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 8th District (El Paso) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ————————————
No. 08-26-00189-CR
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In re Jaime Luevano, Relator
AN ORIGINAL PROCEEDING IN MANDAMUS
M E MO RA N D UM O PI NI O N
Relator, Jamie Luevano, who is self-represented, has filed a handwritten, one-page
document titled, “Pre-Writ (11.07) to compel Wesley School of Law for Review of New Evidence
and Appointment.” As we understand the filing, Luevano seeks an order from this Court
compelling Wesley School of Law to review evidence and appoint counsel to pursue a post-
conviction writ of habeas corpus. 1 Because Luevano’s filing seeks to compel an act, we construe
1 Although Luevano mentions other parties in the body of his document, he does not request that we compel these parties to act, and he does not provide this Court with a related cause number. it as a petition for writ of mandamus. See Espinoza v. State, 653 S.W.2d 446, 449 (Tex. App.—San
Antonio 1982) (“Mandamus is an extraordinary remedy and issues only where the party has a right
to have something done and no other way of compelling its performance.”), judgment aff’d, 669
S.W.2d 736 (Tex. Crim. App. 1984). Because we lack jurisdiction, we dismiss the petition.
An appellate court may issue a writ of mandamus “against a judge of a district, statutory
county, statutory probate county, or county court in the court of appeals district,” or when
“necessary to enforce” our jurisdiction. Tex. Gov’t Code § 22.221(a), (b). Because we have no
jurisdiction to issue a writ of mandamus against a law school, and Luevano has not alleged that a
writ of mandamus is necessary to enforce our jurisdiction, we dismiss the petition for want of
jurisdiction.
GINA M. PALAFOX, Justice
June 8, 2026
Before Salas Mendoza, C.J., Palafox and Soto, JJ.
(Do Not Publish)
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