In Re Samantha RaeJon Downs v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 25, 2025
• Docket: 06-25-00120-CV
• Status: Published

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-25-00120-CV

IN RE SAMANTHA RAEJON DOWNS

Original Mandamus Proceeding

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice van Cleef MEMORANDUM OPINION

Samantha RaeJon Downs has filed a petition for a writ of mandamus asking this Court to

compel the Honorable R. Wesley Tidwell, presiding judge of the 6th Judicial District Court of

Red River County, Texas, to vacate temporary orders entered in a suit affecting the parent-child

relationship. We deny Downs’s requested relief since her petition does not meet the

requirements of the Texas Rules of Appellate Procedure.

A petition seeking mandamus relief must contain a certification stating that the relator

“has reviewed the petition and concluded that every factual statement in the petition is supported

by competent evidence included in the appendix or record.” TEX. R. APP. P. 52.3(j). Although

Downs’s petition includes an unsworn declaration “that the facts stated in this Petition for Writ

of Mandamus are true and correct,” she does not certify that she “has reviewed the petition and

concluded that every factual statement in the petition is supported by competent evidence

included in the appendix or record,” or language substantially similar. Id.

Additionally, Rule 52.7(a)(1) of the Texas Rules of Appellate Procedure requires a relator

to file with her petition for a writ of mandamus “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.”

TEX. R. APP. P. 52.7(a)(1). The documents attached to Downs’s petition are neither certified nor

sworn and appear to contain matters not filed in the underlying proceeding. “‘Because the record

in a mandamus proceeding is assembled by the parties,’ we must ‘strictly enforce[] the

authentication requirements of rule 52 to ensure the integrity of the mandamus record.’” In re

Long, 607 S.W.3d 443, 445 (Tex. App.—Texarkana 2020, orig. proceeding) (alteration in

2 original) (quoting In re Smith, No. 05-19-00268-CV, 2019 WL 1305970, at *1 (Tex. App.—

Dallas Mar. 22, 2019, orig. proceeding) (mem. op.)).

Because Downs did not comply with the Texas Rules of Appellate Procedure, we deny

her petition for a writ of mandamus.1

Charles van Cleef Justice

Date Submitted: November 24, 2025 Date Decided: November 25, 2025

1 Because we deny Downs’s petition, we overrule her request for emergency relief as moot. 3