In Re Samuel Roy Jackson v. the State of Texas

Court of Appeals of Texas

In Re Samuel Roy Jackson v. the State of Texas

Court of Appeals of Texas·Decided February 20, 2025·No. 01-25-00069-CR·Published

Opinion

Opinion issued February 20, 2025

In The

Court of Appeals

For The

First District of Texas

This Court has jurisdiction to issue a writ of mandamus against “a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district.” TEX. GOV’T CODE § 22.221(b). We lack authority to issue a writ of mandamus against other parties unless necessary to enforce our jurisdiction. See TEX. GOV’T CODE § 22.221(a) (“Each court of appeals or a justice of a court of appeals may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction of the court.”). Relator’s requested mandamus relief is not against a judge and does not involve enforcing the appellate jurisdiction of this Court. Accordingly, we lack jurisdiction to issue a writ of mandamus against the Harris County District Attorney. See In re Cole, No. 01-20-00807-CR, 2021 WL 243894, at *2 (Tex. App.—Houston [1st Dist.] Jan. 26, 2021, orig. proceeding) (mem. op., not designated for publication).

Because we lack jurisdiction to grant the relief requested, we deny the mandamus petition.2 PER CURIAM

Panel consists of Justices Guerra, Caughey, and Morgan. Do not publish. TEX. R. APP. P. 47.2(b).

2 Relator’s petition also fails to comply with the requirements of the Texas Rules of Appellate Procedure for consideration of mandamus relief. See TEX. R. APP. P. 52.3 (form and content requirements); 52.7(a) (record requirements).

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Opinion issued February 20, 2025

In The

Court of Appeals

For The

First District of Texas

This Court has jurisdiction to issue a writ of mandamus against “a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district.” TEX. GOV’T CODE § 22.221(b). We lack authority to issue a writ of mandamus against other parties unless necessary to enforce our jurisdiction. See TEX. GOV’T CODE § 22.221(a) (“Each court of appeals or a justice of a court of appeals may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction of the court.”). Relator’s requested mandamus relief is not against a judge and does not involve enforcing the appellate jurisdiction of this Court. Accordingly, we lack jurisdiction to issue a writ of mandamus against the Harris County District Attorney. See In re Cole, No. 01-20-00807-CR, 2021 WL 243894, at *2 (Tex. App.—Houston [1st Dist.] Jan. 26, 2021, orig. proceeding) (mem. op., not designated for publication).

Because we lack jurisdiction to grant the relief requested, we deny the mandamus petition.2 PER CURIAM

Panel consists of Justices Guerra, Caughey, and Morgan. Do not publish. TEX. R. APP. P. 47.2(b).

2 Relator’s petition also fails to comply with the requirements of the Texas Rules of Appellate Procedure for consideration of mandamus relief. See TEX. R. APP. P. 52.3 (form and content requirements); 52.7(a) (record requirements).

In Re Samuel Roy Jackson v. the State of Texas, (Tex. Ct. App. 2025).

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