in Re: Prince Brown, Jr.

• Court: Court of Appeals of Texas
• Decided: September 2, 2010
• Docket: 06-10-00158-CR
• Status: Published

Opinion

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-10-00158-CR

                                                    IN RE:  PRINCE BROWN, JR.

                                                     Original Mandamus Proceeding

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley

                                                     MEMORANDUM  OPINION

            As best as we can understand from his rather convoluted petition for relief, Prince Brown, Jr., an inmate incarcerated in the Texas Department of Criminal Justice, proceeding pro se, petitions this Court, requesting that we order the named respondent, Joe Black, the Criminal District Attorney of Harrison County, to produce and provide him with copies of the arrest offense reports from several of Brown’s arrests.^[1] 

            In order to be entitled to mandamus relief in an action such as this, “the relator must establish two essential requirements:  (1) that the act sought to be compelled is purely ministerial, as opposed to discretionary or judicial in nature, and (2) no other adequate remedy at law is available.”  Stearnes v. Clinton, 780 S.W.2d 216, 219 (Tex. Crim. App. 1989).  Brown has not provided us with a record that shows that he has made any request of the trial court to perform a nondiscretionary act.  See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.––Houston [1st Dist.] 1992, orig. proceeding).

            Brown’s petition requests relief which this Court lacks jurisdiction to grant.  The petition requests relief against Black.  This Court lacks jurisdiction to issue a writ of mandamus against a county attorney or a district attorney.  See Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).  Therefore, we deny the petition for writ of mandamus.

                                                                        Bailey C. Moseley

                                                                        Justice

Date Submitted:          September 1, 2010

Date Decided:             September 2, 2010

Do Not Publish

---

^[1]Brown does not seek the arrest offense reports relating to any appeal pending before this Court.