In Re John Henry Garber v. the State of Texas
This text of In Re John Henry Garber v. the State of Texas (In Re John Henry Garber v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 6th District (Texarkana) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the Court of Appeals Sixth Appellate District of Texas at Texarkana
No. 06-26-00033-CR
IN RE JOHN HENRY GARBER
Original Mandamus Proceeding
Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin MEMORANDUM OPINION
Relator, John Henry Garber, has filed a petition for a writ of mandamus asking this Court
to compel the trial court to rule on pending motions in three cases in the trial court.
Garber’s petition, however, lacks the required certification that he “has reviewed the
petition and concluded that every factual statement in the petition is supported by competent
evidence included in the appendix or record.” TEX. R. APP. P 52.3(k); see CMH Homes v. Perez,
340 S.W.3d 444, 453 n.8 (Tex. 2011) (remanding a matter that could not be considered as an
appeal for consideration as a mandamus petition, expressing confidence that the briefing would
be revised to “fully comply with Rule 52 on remand to the court of appeals”); In re Accident
Fund Gen. Ins. Co., 543 S.W.3d 750, 752 (Tex. 2017) (per curiam) (orig. proceeding) (denying a
petition for non-compliance with Rules 52.1, 52.3(e), and 52.7 of the Texas Rules of Appellate
Procedure).
Accordingly, we deny Garber’s petition.
Jeff Rambin Justice
Date Submitted: March 13, 2026 Date Decided: March 16, 2026
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