In Re Richard Charles Schmidt v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 29, 2025
• Docket: 03-25-00636-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00636-CV

In re Richard Charles Schmidt

ORIGINAL PROCEEDING FROM COMAL COUNTY

MEMORANDUM OPINION

Relator Richard Charles Schmidt, an inmate with the Texas Department of

Criminal Justice, has filed a pro se petition for writ of mandamus requesting that the trial court

be compelled to refund bail posted by relator in the amount of $7,500.00. Having reviewed the

petition and the record provided, we deny the petition for writ of mandamus. See Tex. R. App.

P. 52.8(a).

To the extent that relator seeks relief that is within this Court’s jurisdiction to

grant, it is relator’s burden to properly request and show entitlement to mandamus relief. Walker

v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); In re Davidson, 153 S.W.3d 490, 491 (Tex. App.—

Amarillo 2004, orig. proceeding); see also Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—

Houston [1st Dist.] 1992, orig. proceeding) (per curiam) (“Even a pro se applicant for a writ of

mandamus must show himself entitled to the extraordinary relief he seeks”). In this regard, the

relator must provide the reviewing court with a record sufficient to establish his right to

mandamus relief. See Walker, 827 S.W.2d at 837; In re Blakeney, 254 S.W.3d 659, 661–62 (Tex. App.—Texarkana 2008, orig. proceeding); see also Tex. R. App. P. 52.7(a)(1) (relator

must file with petition “a certified or sworn copy of every document that is material to the

relator’s claim for relief and that was filed in any underlying proceeding”), 52.7(a) (specifying

required contents for record), 52.3(k) (specifying required contents for appendix, including “a

certified or sworn copy of any order complained of, or any other document showing the matter

complained of”).

Here, Schmidt has failed to provide this Court with any record or any certified or

file-stamped copy of any document filed in the underlying proceeding or of the complained-of

order. On this record, we conclude that relator has failed to show entitlement to mandamus

relief. Accordingly, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

__________________________________________ Gisela D. Triana, Justice

Before Justices Triana, Kelly, and Theofanis

Filed: August 29, 2025