In Re Laud Richard Nelson v. the State of Texas

Court of Appeals of Texas

In Re Laud Richard Nelson v. the State of Texas

DecidedJanuary 18, 2024

Docket14-24-00025-CR

StatusPublished

This text of In Re Laud Richard Nelson v. the State of Texas (In Re Laud Richard Nelson v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Laud Richard Nelson v. the State of Texas, (Tex. Ct. App. 2024).

Pincite

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 18, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00025-CR

IN RE LAUD RICHARD NELSON, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 337th District Court Harris County, Texas Trial Court Cause No. 769937

MEMORANDUM OPINION

On January 12, 2024, Laud Richard Nelson, acting pro se, filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel Marilyn Burgess, Clerk of Court of Harris County, to perform a “ministerial duty” by forwarding records essential to his case.

This court’s power to issue writs is defined in section 22.221 of the Texas Government Code. Section 22.221 grants the court of appeals the authority to issue (1) writs of mandamus and other writs necessary to enforce their jurisdiction; (2) writs of mandamus against a judge of a district or county court in the court of appeals district; and (3) writs of habeas corpus under specifically defined circumstances involving contempt orders in civil cases. See Tex. Gov’t Code § 22.221. We are not authorized to issue writs of mandamus against clerks of court, and Nelson has not claimed or shown that the relief requested is necessary to enforce the jurisdiction of our court. See In re Bunton, No. 14-07-00651-CV, 2007 WL 2301413, at *1 (Tex. App.—Houston [14th Dist.] Aug. 14, 2007, orig. proceeding) (mem. op.) (per curiam). This proceeding is, therefore, dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Hassan, Poissant, and Wilson. Do Not Publish — Tex. R. App. P. 47.2(b).

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Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 18, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00025-CR

IN RE LAUD RICHARD NELSON, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 337th District Court Harris County, Texas Trial Court Cause No. 769937

MEMORANDUM OPINION

On January 12, 2024, Laud Richard Nelson, acting pro se, filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel Marilyn Burgess, Clerk of Court of Harris County, to perform a “ministerial duty” by forwarding records essential to his case.

This court’s power to issue writs is defined in section 22.221 of the Texas Government Code. Section 22.221 grants the court of appeals the authority to issue (1) writs of mandamus and other writs necessary to enforce their jurisdiction; (2) writs of mandamus against a judge of a district or county court in the court of appeals district; and (3) writs of habeas corpus under specifically defined circumstances involving contempt orders in civil cases. See Tex. Gov’t Code § 22.221. We are not authorized to issue writs of mandamus against clerks of court, and Nelson has not claimed or shown that the relief requested is necessary to enforce the jurisdiction of our court. See In re Bunton, No. 14-07-00651-CV, 2007 WL 2301413, at *1 (Tex. App.—Houston [14th Dist.] Aug. 14, 2007, orig. proceeding) (mem. op.) (per curiam). This proceeding is, therefore, dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Hassan, Poissant, and Wilson. Do Not Publish — Tex. R. App. P. 47.2(b).

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Bluebook (online)

In Re Laud Richard Nelson v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-laud-richard-nelson-v-the-state-of-texas-texapp-2024.