in Re Joshua Nelson Roberts

• Court: Court of Appeals of Texas
• Decided: December 11, 2007
• Docket: 14-07-00965-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 11, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 11, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00965-CV

IN RE JOSHUA NELSON ROBERTS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On November 13, 2007, relator Joshua Nelson Roberts filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator requests that we compel the Honorable Brady Elliot, presiding judge of the 268th District Court, Fort Bend County, Texas, to produce to relator certain documents from relator=s conviction and sentencing in that court for relator=s use in prosecuting a petition for writ of habeas corpus.

Relator has not established that he is entitled to mandamus relief.  Although an indigent prisoner may obtain a trial transcript for use in an appeal of his conviction, there is no such corresponding right for prosecution of a petition for writ of habeas corpus.  See, e.g., Tex. R. App. Pro. 20.2 (providing for cost-free provision of appellate record to indigent appellant for appeal of conviction); Bracy v. Gramley, 520 U.S. 899, 904 (1997) (AA habeas petitioner ... is not entitled to discovery as a matter of course.@); Nabelek v. Bradford, 228 S.W.3d 715, 719 (Tex. App.CHouston [14th Dist.] 2006, pet. denied) (rejecting constitutional challenge to restriction of prisoner=s right to trial documents in connection with habeas corpus petition).  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed December 11, 2007.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.