In Re Raymond Reginald Peoples v. the State of Texas

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-25-00027-CR

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IN RE RAYMOND REGINALD PEOPLES

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Original Proceeding

Criminal District Court of Jefferson County, Texas Trial Cause No. DCR23-0727

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MEMORANDUM OPINION

In a petition for a writ of mandamus, Raymond Reginald Peoples complains that the trial court has repeatedly refused to issue a writ of habeas corpus and failed to order the trial court clerk to issue subpoenas for a hearing on Peoples’ pre-trial application for a writ of habeas corpus.

In a criminal case, to establish a right to mandamus relief a relator must show that no adequate remedy at law exists to redress the alleged harm and that he is seeking to compel a ministerial act, one that does not involve a discretionary or judicial decision. See In re State ex rel. Young v. Sixth Jud. Dist. Ct. of Appeals at

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Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). The relator must show that he has a clear right to the relief sought under unequivocal, well-settled and clearly controlling principles. Id.

We have reviewed the mandamus petition and appendix. We conclude that Peoples has failed to establish that he has a clear right to the relief he seeks. See id. Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on February 11, 2025 Opinion Delivered February 12, 2025 Do Not Publish

Before Golemon, C.J., Johnson and Chambers, JJ.