In Re William Curtis Jones v. the State of Texas

CourtCourt of Appeals of Texas
DecidedMarch 7, 2024
Docket09-24-00045-CV
StatusPublished

This text of In Re William Curtis Jones v. the State of Texas (In Re William Curtis Jones v. the State of Texas) 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.

Bluebook
In Re William Curtis Jones v. the State of Texas, (Tex. Ct. App. 2024).

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00045-CV __________________

IN RE WILLIAM CURTIS JONES

__________________________________________________________________

Original Proceeding 279th District Court of Jefferson County, Texas __________________________________________________________________

MEMORANDUM OPINION

Relator, William Curtis Jones, is a vexatious litigant subject to a prefiling

order that requires him to obtain permission from the local administrative judge

(LAJ) prior to filing any new litigation. See Tex. Civ. Prac. & Rem. Code Ann. §

11.101. On January 25, 2024, the LAJ for Jefferson County, Texas, denied Jones

permission to file new litigation. In this mandamus proceeding, Jones complains that

the LAJ abused its discretion in denying his request for permission to file new

litigation. See id. § 11.102(f). Jones asks this Court to compel the LAJ for Jefferson

County to grant Jones “permission to file a discovery request of exculpatory and

impeachable evidence from the Jefferson County [Texas] District Attorney’s

1 Office.” Jones claims he asked the LAJ to allow him to file a petition for discovery

“wherein he alleged various fraud on the court” that occurred during a criminal trial

conducted in February 2018. He claims he did not receive a fair trial in the criminal

case and the jury’s verdict in that case was rendered on perjured testimony and

fabricated evidence. We deny mandamus relief.

Jones argues that in 2022 he was unfairly and unconstitutionally classified as

a vexatious litigant in a civil case that he filed in the 172nd District Court of Jefferson

County. Referring this Court to four previous civil lawsuits Jones filed against the

prosecutors and defense counsel from the criminal case and three expunction

proceedings in which Jones alleged the State presented false or fabricated evidence

in the trial of his criminal case, and asserting he has filed over sixty “motions

memorandums, writs, applications, or petitions seeking relief from Petitioner’s

wrongful conviction and incarceration[,]” Jones asks this Court to set aside the

vexatious litigant order, order a hearing on exculpatory evidence, vacate his

conviction for misapplication of fiduciary property, and grant post-conviction

habeas corpus relief in his criminal case.

A vexatious litigant complaining of the LAJ’s order denying permission to

file must demonstrate the LAJ clearly abused his discretion. See Walker v. Packer,

827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding); In re Cooper, No. 05-19-

00549-CV, 2019 WL 2211085, at *1 (Tex. App.—Dallas May 22, 2019, orig.

2 proceeding) (mem. op.). We conclude Jones has failed to demonstrate that he

presented a meritorious lawsuit that the LAJ arbitrarily refused permission to file.

See Tex. Civ. Prac. & Rem. Code Ann. § 11.102(c); In re Cooper, 2019 WL

2211085, at *1. Accordingly, we deny the petition for a writ of mandamus. See Tex.

R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on March 6, 2024 Opinion Delivered March 7, 2024

Before Golemon, C.J., Horton and Johnson, JJ.

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Related

Walker v. Packer
827 S.W.2d 833 (Texas Supreme Court, 1992)

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In Re William Curtis Jones v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-william-curtis-jones-v-the-state-of-texas-texapp-2024.