in Re Kendal Ray Smith

• Court: Court of Appeals of Texas
• Decided: February 21, 2008
• Docket: 14-08-00092-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 21, 2008

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 21, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00092-CV

IN RE KENDAL RAY SMITH, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On February 8, 2008, relator, Kendal Ray Smith, 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 asks this court to compel the presiding judge of the 182nd District Court, Harris County, to direct his trial attorney to file an affidavit, which respondent had previously ordered the attorney to file, regarding relator=s ineffective assistance of counsel claims raised in the application for writ of habeas corpus. 

Relator has not established his entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed February 21, 2008.

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