[DOWNLOAD] "In re Strickhausen" by Texas Court of Appeals * Book PDF Kindle ePub Free

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eBook details

• Title: In re Strickhausen
• Author : Texas Court of Appeals
• Release Date : January 08, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

Trial Judge: Debbie Stricklin Trial Court Reporter: Cathleen Powers Trial Court: 180TH DISTRICT COURT Trial County: HARRIS Original Proceeding on Petition for Writ of Mandamus OPINION Relator, Warren Strickhausen, has filed a petition for writ of mandamus complaining that he has paid in full for the clerk's record and reporter's record in trial court cause no. 633266 of the 180th District Court of Harris County Texas, but that the district clerk and the court reporter are refusing to give him the records. It should be noted that relator appealed his conviction in cause no. 633266 to the Fourteenth Court of Appeals. The record was filed in that court. On May 22, 1997, the Fourteenth Court affirmed his conviction in appellate cause no. 14-94-00920-CR. Relator filed a petition for discretionary review with the Texas Court of Criminal Appeals, which that court refused on September 15, 1997. Mandate issued on October 16, 1997. We have no authority to issue a writ of mandamus to a court reporter or the district clerk unless they are interfering with our appellate jurisdiction. See Tex. Gov't Code Ann. § 22.221(a) (Vernon 1988), § 22.221(b) (Vernon Supp. 1999); Lesikar v. Anthony, 750 S.W.2d 338, 339 (Tex. App.--Houston [1st Dist.] 1988, orig. proceeding). In this case, they are not because we have none. Nor do we have any authority to issue a writ of mandamus to the Fourteenth Court of Appeals, which presumably has the record sought by relator. Compare Tex. Gov't Code Ann. § 22.002 (Vernon Supp. 1999) with Tex. Gov't Code Ann. § 22.221.

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