in Re: Stephen Howard Timms v. State
This text of in Re: Stephen Howard Timms v. State (in Re: Stephen Howard Timms v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Dismissed and Opinion filed August 10, 2016
In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00858-CV
IN RE STEPHEN HOWARD TIMMS, Relators
Original Proceeding from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F-06-00155
MEMORANDUM OPINION Before Justices Francis, Evans, and Stoddart Opinion by Justice Evans
Relator contends the trial court failed to act on his motion for DNA testing. The facts and issues
are well known to the parties, so we need not recount them herein. On July 28, 2016, the trial court issued
its notification of request for forensic DNA testing in accordance with article 64.02 of the Texas Code of
Criminal Procedure. Therefore, the issues presented in this petition are moot. See In re Williams, 05-12-
00485-CV, 2012 WL 1595080, at *1 (Tex. App.—Dallas May 7, 2012, no pet.). Accordingly, we
DISMISS relator’s petition for writ of mandamus as moot.
/s/ David Evans DAVID EVANS JUSTICE 160858F.P05
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
in Re: Stephen Howard Timms v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stephen-howard-timms-v-state-texapp-2016.