In Re: Jerald Mathew Cartee v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 12, 2024
• Docket: 05-24-01439-CR
• Status: Published

Opinion

DENIED and Opinion Filed December 12, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01439-CR

IN RE JERALD MATHEW CARTEE, Relator

Original Proceeding from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-83836-2019

MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Kennedy Opinion by Justice Kennedy Before the Court is relator Jerald Mathew Cartee’s petition for writ of

mandamus, filed December 9, 2024. Relator seeks an order compelling the Collin

County District Clerk to file relator’s motion styled “Defendant’s Motion for

Reproduction of Documents.”

The petition does not comply with the requirements of Rules of Appellate

Procedure 52.3 and 52.7. See TEX. R. APP. P. 52.3, 52.7. “Because relator has failed

to comply with the requirements of rule 52, he has failed to show he is entitled to

mandamus relief.” In re Mendez¸523 S.W.3d 164, 165 (Tex. App.—Dallas 2016,

orig. proceeding). Moreover, this Court cannot issue a writ of mandamus against the Collin County District Clerk unless necessary to enforce our jurisdiction. See

TEX. GOV’T CODE ANN. § 22.221(a), (b); In re Potts, 357 S.W.3d 766, 768 (Tex.

App.—Houston [14th Dist.] 2011, orig. proceeding). Relator has not shown that

granting the petition is necessary to enforce our jurisdiction.

We deny relator’s petition for writ of mandamus.

/Nancy E. Kennedy/ 241439f.u05 NANCY KENNEDY Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b)

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