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in Re Reginald Davis
Citation: Not availableDocket: 10-22-00313-CR
Court: Court of Appeals of Texas; October 5, 2022; Texas; State Appellate Court
Original Court Document: View Document
Reginald Davis's Petition for Writ of Mandamus, filed on September 26, 2022, was denied by the Tenth Court of Appeals. Davis sought to compel the trial court to rule on a motion for a judgment nunc pro tunc that he filed on approximately May 25, 2022, aimed at correcting his time credit. As of September 22, 2022, the trial court had not addressed this motion. Chief Justice Gray, in his concurring opinion, highlighted concerns regarding the potential unawareness of the trial court regarding Davis's motion, especially given his incarceration which limits his ability to prompt action. He noted that the delay of four months for a ruling could be reasonable within the context of a busy trial court recovering from pandemic-related disruptions. Chief Justice Gray expressed ongoing concerns about trial courts failing to rule on pending motions and suggested that a more efficient procedural mechanism should be implemented to ensure timely rulings on inmate motions. He proposed a request for a response from the State that could facilitate awareness of pending motions, although he ultimately concurred with the court's denial based on existing precedent.