in Re: Thomas Neveu, Jr

• Court: Court of Appeals of Texas
• Decided: August 2, 2007
• Docket: 14-07-00589-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 2, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 2, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00589-CV

IN RE THOMAS NEVEU, JR., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On July 16, 2007, relator Thomas Neveu, Jr. filed a petition for writ of mandamus in this court,^[1] requesting we direct the Honorable Thomas R. Culver, III, presiding judge of the 240th District Court, Fort Bend County, to appoint counsel under Texas Code of Criminal Procedure Article 64.01(c), regarding DNA testing of a broomstick.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1. 

We grant mandamus relief when a relator shows that (1) the act sought to be compelled is purely ministerial, and (2) he has no adequate remedy at law. See Aranda v. Dist. Clerk, 207 S.W.3d 785, 786 (Tex. Crim. App. 2006).  Because relator has failed to establish that he is entitled to the requested mandamus relief, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed August 2, 2007.

Panel consists of Justices Anderson, Fowler, and Frost.

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^[1]Relator also filed a motion for leave to file an application for writ of mandamus, a motion which is no longer required under the Rules of Appellate Procedure.  See Tex. R. App. P. 52 historical note (Vernon 2003).  Relator=s motion for leave to file is denied as moot.