in Re MacE L. McGrew

• Court: Court of Appeals of Texas
• Decided: August 9, 2006
• Docket: 04-06-00484-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-06-00484-CV

IN RE Mace L. McGREW

Original Mandamus Proceeding ⁽¹⁾

PER CURIAM

Sitting: Catherine Stone , Justice

Sandee Bryan Marion , Justice

Rebecca Simmons , Justice

Delivered and Filed: August 9, 2006

PETITION FOR WRIT OF PROHIBITION DISMISSED FOR LACK OF JURISDICTION

Mace L. McGrew, an inmate, seeks a writ of prohibition to prevent Bexar County District Attorney Susan Reed and her employees from influencing the testimony of two witnesses. McGrew, who was convicted and sentenced in the underlying proceeding in March 2005, does not identify the proceedings in which these witnesses may be called to testify. A writ of prohibition, which operates like an injunction, is issued by a superior court to control, limit, or prevent action in a court of inferior jurisdiction. Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 682-83 (Tex. 1989). This court's authority to issue writs of prohibition is limited to those necessary to enforce its jurisdiction. Tex. Gov't Code Ann. § 22.221 (a) (Vernon 2004); In re Garza, 153 S.W.3d 97, 103 (Tex. App.--San Antonio 2004, orig. proceeding). McGrew does not allege or show that a writ of prohibition is necessary to enforce this court's jurisdiction. Accordingly, the petition is dismissed for lack of jurisdiction.

1. This proceeding arises out of Cause No. 2003-CR-8727-D , styled State of Texas v. Mace L. McGrew, filed in the 227th Judicial District Court, Bexar County, Texas.