In Re: Michael Ray Smith v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 14, 2024
• Docket: 05-24-01073-CV
• Status: Published

Opinion

DISMISSED and Opinion Filed October 14, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01073-CV

IN RE MICHAEL RAY SMITH, Relator

Original Proceeding from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F-9418633

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Breedlove Opinion by Justice Breedlove Before the Court is relator’s September 11, 2024 petition for writ of

mandamus. Relator asks this Court to compel the trial court to rule on relator’s

March 10, 2020 “Motion for DNA Testing Pursuant to Code of Criminal Procedure,

Article 64.01.” On September 19, 2024, we requested a response to relator’s petition.

On October 9, 2024, real party in interest filed a response and provided the Court

with a certified copy of the trial court’s order dated September 16, 2024 denying

relator’s motion.

This Court lacks subject-matter jurisdiction over a case that has become moot.

In re Johnson, 599 S.W.3d 311, 312 (Tex. App.—Dallas 2020, orig. proceeding). A case becomes moot if the issues presented are no longer live or the parties lack a

legally cognizable interest in the outcome. Id. The trial court’s September 16, 2024

ruling on relator’s motion delivers all relief relator requested and is entitled to in this

original proceeding. Thus, this original proceeding is now moot. See id.

Accordingly, we dismiss relator’s petition for writ of mandamus for want of

jurisdiction.

/Maricela Breedlove/ 241073f.p05 MARICELA BREEDLOVE JUSTICE

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