in Re: James C. Kirk

• Court: Court of Appeals of Texas
• Decided: September 27, 2022
• Docket: 05-22-00942-CV
• Status: Published

Opinion

DENY and Opinion Filed September 27, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00940-CV No. 05-22-00941-CV No. 05-22-00942-CV IN RE JAMES C. KIRK, Relator

Original Proceeding from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F16-59404-M

MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Molberg In this original proceeding, relator James C. Kirk seeks to compel the trial

court to rule on his pending motion for post-conviction DNA testing. We deny the

petition.

This is the second time that we have been asked to grant mandamus relief for

the trial court’s failure to rule on this pending motion. See In re Kirk, No. 05-22-

00363-CV, 2022 WL 1514677, at *1 (Tex. App.—Dallas May 13, 2022, orig.

proceeding) (mem. op.). In the previous case, this Court denied mandamus relief

based on relator’s failure to comply with Texas Rule of Civil Procedure 52 in

multiple respects as well as his failure to show that he brought the motion to the trial court’s attention or reminded the trial court by letter that the motion is still pending.

Id.

Relator has not cured these deficiencies. Accordingly, we deny the petition

for the same reasons explained in our previous decision. See id.

220940f.p05 /Ken Molberg// 220941f.p05 KEN MOLBERG 220942f.p05 JUSTICE

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