In Re: Robert B. Read, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 12, 2023
• Docket: 05-23-00374-CV
• Status: Published

Opinion

DENIED and Opinion Filed May 12, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00374-CV

IN RE ROBERT B. READ, JR., Relator

Original Proceeding from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-81170-06

MEMORANDUM OPINION Before Justices Reichek, Nowell, and Miskel Opinion by Justice Reichek Before the Court is relator’s April 24, 2023 petition for writ of mandamus

wherein relator requests that the Court compel the trial court to rule on a

postconviction motion for the production of grand jury transcripts.

To establish a right to mandamus relief in a criminal case, the relator must

show that the trial court violated a ministerial duty and there is no adequate remedy

at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig.

proceeding). To seek mandamus relief from a trial court’s failure to rule, a relator

must establish the trial court (1) had a legal duty to rule on the motion, (2) was asked

to rule on the motion, and (3) failed to do so within a reasonable time. In re Prado,

522 S.W.3d 1, 2 (Tex. App.—Dallas 2017, orig. proceeding) (mem. op.). After reviewing relator’s petition and the record before us, we conclude that

relator has failed to demonstrate entitlement to mandamus relief. Accordingly, we

deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

230374F.P05

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