In Re Leo Wayne Cover v. the State of Texas

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-25-00251-CR __________________

IN RE LEO WAYNE COVER

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Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause Nos. 23DCCR2231 and 23DCCR2232 __________________________________________________________________

MEMORANDUM OPINION

In a petition for a writ of mandamus, Leo Wayne Cover complains that the

trial court has not ruled on Cover’s pre-trial motions. At our request, the State filed

a response. The State also supplemented the mandamus record to provide a more

complete record for review.

On March 31, 2025, the trial court granted Cover’s request to proceed pro se

in Trial Cause Numbers 23DCCR2231 and 23DCCR2232. Since that time, Cover

has filed many motions. Both of Cover’s cases are currently set for trial on July 28,

2025. Cover requested a pre-trial hearing, but until just recently the request was filed

in the wrong court.

1 Generally, the trial court has the discretion to schedule a pre-trial hearing.

Calloway v. State, 743 S.W.2d 645, 649 (Tex. Crim. App. 1988). Mandamus relief

may issue, however, in situations where appeal after conviction will not be an

appropriate remedy. See Stearnes v. Clinton, 780 S.W.2d 216, 225 (Tex. Crim. App.

1989) (orig. proceeding). On the record before us, Relator has not shown that the

trial court abused its discretion by failing to rule on his motions within a reasonable

time. We deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on July 21, 2025 Opinion Delivered July 30, 2025 Do Not Publish

Before Johnson, Wright and Chambers, JJ.