In Re Mark Anthony Gorham v. the State of Texas

Court of Appeals of Texas

In Re Mark Anthony Gorham v. the State of Texas

Court of Appeals of Texas·Decided May 9, 2023·No. 01-23-00269-CR·Published

Opinion

Opinion issued May 9, 2023

In The

Court of Appeals

For The

First District of Texas

Relator Mark Anthony Gorham has filed a petition for writ of mandamus, seeking to compel the Harris County District Clerk and the 208th District Court to provide him with criminal docket sheets.1 This Court’s mandamus jurisdiction is governed by the Government Code.

See TEX. GOV’T CODE § 22.221. A court of appeals may issue writs of mandamus against (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52 of the Code of Criminal Procedure in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201 of the Family Code in the court of appeals district for the judge who appointed the associate judge. Id. § 22.221(b). The courts of appeals also may issue all writs necessary to enforce the court of appeals’ jurisdiction. Id. § 22.221(a).

We have no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction. See In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1991, orig. proceeding). Because relator’s petition does not raise any threat to our jurisdiction, we dismiss this portion of the mandamus petition for want of jurisdiction.

1 The underlying case is The State of Texas v. Mark Anthony Gorham, cause nos.

1721510, 1721511, 1721589, 1722025, & 1722026, pending in the 208th District Court of Harris County, Texas, the Honorable Beverly D. Armstrong presiding.

Relator’s request for mandamus relief against the 208th District Court is denied. See TEX. R. APP. P. 52.8(a).

PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Farris. Do not publish. TEX. R. APP. P. 47.2(b).

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Opinion issued May 9, 2023

In The

Court of Appeals

For The

First District of Texas

Relator Mark Anthony Gorham has filed a petition for writ of mandamus, seeking to compel the Harris County District Clerk and the 208th District Court to provide him with criminal docket sheets.1 This Court’s mandamus jurisdiction is governed by the Government Code.

See TEX. GOV’T CODE § 22.221. A court of appeals may issue writs of mandamus against (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52 of the Code of Criminal Procedure in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201 of the Family Code in the court of appeals district for the judge who appointed the associate judge. Id. § 22.221(b). The courts of appeals also may issue all writs necessary to enforce the court of appeals’ jurisdiction. Id. § 22.221(a).

We have no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction. See In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1991, orig. proceeding). Because relator’s petition does not raise any threat to our jurisdiction, we dismiss this portion of the mandamus petition for want of jurisdiction.

1 The underlying case is The State of Texas v. Mark Anthony Gorham, cause nos.

1721510, 1721511, 1721589, 1722025, & 1722026, pending in the 208th District Court of Harris County, Texas, the Honorable Beverly D. Armstrong presiding.

Relator’s request for mandamus relief against the 208th District Court is denied. See TEX. R. APP. P. 52.8(a).

PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Farris. Do not publish. TEX. R. APP. P. 47.2(b).

In Re Mark Anthony Gorham v. the State of Texas, (Tex. Ct. App. 2023).

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