in Re Romarcus D. Marshall

• Court: Court of Appeals of Texas
• Decided: August 21, 2008
• Docket: 14-08-00745-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 21, 2008

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 21, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00745-CV

IN RE ROMARCUS DEON MARSHALL, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On August 8, 2008, relator, Romarcus Deon Marshall, filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asks this court to compel the presiding judge of the 179th District Court of Harris County to appoint him counsel and rule his motion for DNA testing. 

Relator signed a certificate of service stating that he mailed his motions for the appointment of counsel and DNA testing to the 179th District Court.  However, the certificate of service is not dated.  A trial court has a reasonable time in which to rule.  In re Villarreal, 96 S.W.2d 708, 711 (Tex. App.CTex. App.CAmarillo 2003, orig. proceeding).  This includes rulings on motions for the appointment of counsel and DNA testing..  In re Cash, 99 S.W.3d 286, 288 (Tex. App.CTexarkana 2003, orig. proceeding).  There is no indication that the trial court has not ruled on relator=s motions in a reasonable amount of time. 

Moreover, relator has not included a file-stamped copy of his motion in his mandamus record showing that his motions have been filed with the trial court.  Relator has not met his burden to provide a record establishing his right to mandamus relief.  Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). 

Relator has not established his entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed August 21, 2008.

Panel consists of Justices Yates, Seymore, and Boyce.