in Re Marcel L Williams

• Court: Court of Appeals of Texas
• Decided: February 28, 2020
• Docket: 05-20-00255-CV
• Status: Published

Opinion

DENY; Opinion Filed February 28, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00255-CV

IN RE MARCEL L. WILLIAMS, Relator

Original Proceeding from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F16-42251-U

MEMORANDUM OPINION Before Chief Justice Burns, Justice Osborne, and Justice Reichek Opinion by Chief Justice Burns Marcel L. Williams filed a petition for writ of mandamus complaining that

court reporter Sasha Brooks has not filed the reporter’s record in Mr. Williams’

direct appeal (appellate cause #05-19-01022-CR), despite the Court’s order

instructing Ms. Brooks to do so.

We have no authority to issue a writ of mandamus to a court reporter or the

district clerk unless they are interfering with our appellate jurisdiction. See TEX.

GOV’T. CODE. ANN. §§ 22.221(a), (b); In re Strickhausen, 994 S.W.2d 936, 936

(Tex. App.—Houston [1st Dist.] 1999, orig. proceeding) (per curiam) (no authority

to issue writ of mandamus to court reporter or district clerk unless they are interfering with appellate court’s appellate jurisdiction.); Lesikar v. Anthony, 750

S.W.2d 338, 339 (Tex. App.—Houston [1st Dist.] 1988, orig. proceeding) (same).

We deny the petition for writ of mandamus.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

200255F.P05

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