In Re Matthew Baird, Relator v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 9, 2024
• Docket: 07-24-00208-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00208-CR

IN RE MATTHEW BAIRD, RELATOR

ORIGINAL PROCEEDING

July 9, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Relator, Matthew Baird, filed a document with this Court titled “Motion to Compel

Attorney to Produce Client’s File.” By this filing, Baird requests that we compel his former

attorney to provide him with his case file. See Baird v. State, No. 07-20-00045-CR, 2022

Tex. App. LEXIS 24, at *4 (Tex. App.—Amarillo Jan. 5, 2022, pet. ref’d) (per curiam)

(mem. op., not designated for publication) (affirming Baird’s conviction of continuous

sexual abuse of a child). We have construed the document as a petition for writ of

mandamus and dismiss it for want of jurisdiction.

We have authority to issue writs of mandamus against a judge of a district or county

court in our appeals district and all writs necessary to enforce our jurisdiction. See TEX.

GOV’T CODE ANN. §§ 22.221(a), (b). Baird does not request mandamus relief against a district or county judge and has not demonstrated how issuance of the requested writ

against his former counsel is necessary to enforce our jurisdiction. Consequently, we are

without authority to issue said writ. See In re Youngstrom, No. 07-14-00210-CV, 2014

Tex. App. LEXIS 6528, at *1–2 (Tex. App.—Amarillo June 16, 2014, no pet.) (mem. op.)

(holding same).

Accordingly, Baird’s petition for writ of mandamus is dismissed for want of

jurisdiction.

Per Curiam

Do not publish.