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in Re Michael David Bellow Jr.

Citation: Not availableDocket: 09-18-00132-CR

Court: Court of Appeals of Texas; April 10, 2018; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Michael David Bellow Jr. filed a petition for a writ of mandamus, seeking to compel the trial court to issue a pre-trial writ of habeas corpus in his criminal case. To succeed in a mandamus request, the relator must prove a clear and indisputable right to the relief sought and demonstrate that no other adequate legal remedy exists. The Court of Appeals for the Ninth District of Texas found that Bellow did not meet these requirements and therefore denied the petition for a writ of mandamus. The opinion was delivered on April 10, 2018, and was not intended for publication.

Legal Issues Addressed

Denial of Mandamus Petition

Application: The court concluded that the petitioner, Michael David Bellow Jr., failed to meet the necessary criteria for mandamus relief, leading to the denial of his petition.

Reasoning: The Court of Appeals for the Ninth District of Texas found that Bellow did not meet these requirements and therefore denied the petition for a writ of mandamus.

Mandamus Relief Requirements

Application: The court evaluates whether the petitioner has demonstrated a clear and indisputable right to relief and the absence of an adequate alternative legal remedy.

Reasoning: To succeed in a mandamus request, the relator must prove a clear and indisputable right to the relief sought and demonstrate that no other adequate legal remedy exists.