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in Re Norberto Manzanares

Citation: Not availableDocket: 13-17-00608-CR

Court: Court of Appeals of Texas; October 30, 2017; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the petitioner, acting pro se, sought a writ of mandamus to compel his trial attorney to provide the complete attorney-client file from his murder trial. The petitioner intended to use these documents for collateral review of his conviction and sentence. To qualify for mandamus relief, the petitioner needed to demonstrate both the absence of an adequate legal remedy and that the act sought was purely ministerial. Additionally, the petitioner bore the burden of presenting a well-supported argument with factual evidence and relevant legal authority. However, the court highlighted its limited jurisdiction, noting that it can only issue mandamus writs to compel actions from judges and not private attorneys, unless necessary to enforce its jurisdiction. Since the petition did not involve a judge or pertain to the enforcement of appellate jurisdiction, the court ruled that it lacked jurisdiction over the matter and dismissed the petition for want of jurisdiction. Consequently, the petitioner's request for mandamus relief was denied, leaving the petitioner without the attorney-client file he sought to obtain.

Legal Issues Addressed

Burden of Proof for Mandamus Relief

Application: The relator carries the burden to demonstrate entitlement to relief with evidence and legal authority.

Reasoning: The relator carries the burden to properly demonstrate entitlement to mandamus relief, including presenting a statement of facts with citations to evidence and a clear argument supported by legal authority.

Court's Jurisdiction in Mandamus Petitions

Application: The court dismissed the petition for want of jurisdiction as it did not involve a judge or enforcement of appellate jurisdiction.

Reasoning: In this case, the court concluded it lacked jurisdiction over Manzanares' petition, as it did not involve a judge or the enforcement of appellate jurisdiction.

Jurisdiction over Private Attorneys

Application: The court lacks jurisdiction to compel actions from private attorneys unless necessary to enforce its jurisdiction.

Reasoning: The court clarified that it can issue writs of mandamus against specific judges but does not have jurisdiction to compel actions from private attorneys unless necessary to enforce its jurisdiction.

Mandamus Relief Requirements

Application: The relator must show absence of adequate legal remedy and that the act sought is purely ministerial.

Reasoning: To obtain mandamus relief, the relator must demonstrate: (1) the absence of an adequate legal remedy for the alleged harm, and (2) that the act sought to be compelled is purely ministerial, not involving discretion.