In Re: Marlo McDonald Davis v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 21, 2023
• Docket: 05-23-01067-CV
• Status: Published

Opinion

DENIED and Opinion Filed November 21, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01067-CV

IN RE MARLO MCDONALD DAVIS, Relator

Original Proceeding from the 417th Judicial District Court Collin County, Texas Trial Court Cause No. 417-50692-2023

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Breedlove In her October 26, 2023, petition for writ of mandamus, relator challenges a

portion of the trial court’s August 1, 2023, Order of Enforcement by Contempt and

Suspension of Commitment (Possession or Access). The order found relator in

criminal contempt, assessed attorney’s fees against her, ordered as punishment her

commitment to the county jail, and suspended her commitment and placed her on

community supervision subject to certain terms and conditions. Relator challenges

as void the condition that she pay the attorney’s fees assessed against her.

Entitlement to mandamus relief requires a relator to show that the trial court

clearly abused its discretion and that the relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing relator’s petition and the record before us, we conclude

that relator has failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

We also lift the stay issued by this Court’s October 27, 2023, Order.

/Maricela Breedlove/ 231067f.p05 MARICELA BREEDLOVE JUSTICE

Molberg, J., dissenting without opinion, would have granted relator’s petition for writ of mandamus.

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