in Re Kevin Lee Buhl

• Court: Court of Appeals of Texas
• Decided: January 8, 2020
• Docket: 10-19-00482-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-19-00478-CR No. 10-19-00482-CR

IN RE KEVIN LEE BUHL

Original Proceeding

OPINION

In these proceedings, Kevin Lee Buhl seeks a writ of mandamus from this Court

compelling the trial court to withdraw an order to withhold funds from his inmate

account. In his petition, Buhl relies upon a number of cases that have been overruled,

either directly or by implication, by the Texas Court of Criminal Appeals or the Texas

Supreme Court. The procedure necessary to complain about an order to withhold funds

from an inmate account was described in Harrell v. State, 286 S.W.3d 315 (Tex. 2009). That

procedure is to file a motion complaining about the withdrawal order which should be

filed with the trial court clerk for the trial court that signed the order. If the trial court then denies the relief requested in the motion, then an appeal, which will be a civil

proceeding, can be taken from that denial.

Because another procedure is available to Buhl, he is not entitled to relief by

mandamus. Accordingly, Buhl’s petitions for writ of mandamus are denied.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Neill Pet. denied Opinion delivered and filed January 8, 2020 Publish [OT06]

In Re Buhl Page 2