in Re: William Russell Denver

• Court: Court of Appeals of Texas
• Decided: July 9, 2015
• Docket: 05-15-00700-CV
• Status: Published

Opinion

DENY; and Opinion Filed July 9, 2015.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00700-CV No. 05-15-00701-CV No. 05-15-00702-CV

IN RE WILLIAM RUSSELL DENVER, Relator

Original Proceeding from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F12-62195, F12-62196, F14-00186

MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Whitehill Opinion by Justice Whitehill Relator filed this petition for writ of mandamus requesting that the Court order the trial

court to rule on his pro se “Motion to Show Cause” and “Motion to Dismiss with Prejudice Due

to Prosecutorial Misconduct.” To establish a right to mandamus relief in a criminal case, the

relator must show that the trial court violated a ministerial duty and there is no adequate remedy

at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig.

proceeding). Relator is represented by counsel. He is not entitled to hybrid representation. See

Rudd v. State, 616 S.W.2d 623 (Tex. Crim. App. [Panel Op.] 1981). As a consequence, the trial

court has no ministerial duty to rule on any pro se motions he has presented. Robinson v. State,

240 S.W.3d 919, 922 (Tex. Crim. App. 2007). We deny the petition for writ of mandamus.

/Bill Whitehill/ BILL WHITEHILL JUSTICE

150700F.P05

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