In Re Marcom Dwayne Stagg v. the State of Texas
This text of In Re Marcom Dwayne Stagg v. the State of Texas (In Re Marcom Dwayne Stagg v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 9th District (Beaumont) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-25-00524-CR __________________
IN RE MARCOM DWAYNE STAGG
__________________________________________________________________
Original Proceeding 252nd District Court of Jefferson County, Texas Trial Cause No. 14-19871 __________________________________________________________________
MEMORANDUM OPINION
Marcom Dwayne Stagg filed a mandamus petition against the visiting judge
who presided over Stagg’s March 2016 criminal trial. Stagg asks this Court to
compel Judge Gist to rule on (1) Stagg’s Motion for Preservation and Forensic
Testing of DNA Evidence, and his Request for Appointment of Counsel, filed in
May 2025, (2) Stagg’s Motion to have the Appellate Record[] without Charge, filed
in June 2025, and (3) Stagg’s Motion for Post-Trial Discovery Request/Notice of
Continuing Duty To Disclose Motion, Motion Requesting that the Judicial District
Court Make a Ruling on “ALL” Pending Motion[]s, filed in September 2025.
1 The judge, Larry Gist, is deceased and no longer subject to the mandamus
authority of this Court.1 See In re Emerson, No. 06-18-00078-CV, 2018 WL
5091807, at *1 (Tex. App.—Texarkana Oct. 19, 2018, orig. proceeding) (mem. op.)
(mandamus petition denied because the deceased judge is no longer a judge of a
district court in the appellate court’s district); In re Polk, No. 07-08-0271-CV, 2008
WL 3167829, at *1 (Tex. App.—Amarillo Aug. 7, 2008, orig. proceeding) (mem.
op.) (mandamus petition filed more than one year after respondent’s death was
moot). To demonstrate that he is entitled to mandamus relief compelling the
performance of an allegedly ministerial act, Stagg must present his request to the
judge presiding in the court at the time of the request and prove that the trial judge
received notice of the pleading. See In re Morgan, No. 07-10-00517-CV, 2011 WL
117300, at *1 (Tex. App.—Amarillo Jan. 13, 2011, orig. proceeding) (mem. op.).
Relator had not shown that he is entitled to mandamus relief. Accordingly, we
deny the petition for a writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on January 13, 2026 Opinion Delivered January 14, 2026 Do Not Publish
Before Johnson, Wright and Chambers, JJ.
1 See Former TBCJ Member Judge Larry Gist passes after life of public service, Criminal Justice Connections, November 2019. Available at https://www.tdcj.texas.gov/connections/-articles/2019/20191100_Gist_memorium.html (last viewed January 5, 2026). 2
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