In re Williams

State of Texas in the Fourteenth Court of AppealsJan 14, 2016
NO. 14-16-00012-CR (Tex. App. Jan. 14, 2016)

NO. 14-16-00012-CR



ORIGINAL PROCEEDING WRIT OF MANDAMUS 232nd District Court Harris County, Texas
Trial Court Cause No. 1476283


On January 6, 2016, relator Ronney Earl Williams filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Mary Lou Keel, presiding judge of the 232nd District Court of Harris County, to answer or rule on two separate applications for writ of habeas corpus for bond reduction that he alleges he filed in September and November of 2015.

"A party's right to mandamus relief generally requires a predicate request for some action and a refusal of that request." In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding). In particular, the relator must show that the motion was filed and that he presented it to the trial court for a ruling. See In re Clewis, 14-10-00086-CV, 2010 WL 547087, at *1 n.3 (Tex. App.—Houston [14th Dist.] Feb. 18, 2010, orig. proceeding). The record must show not only that the motion was filed, but was brought to the attention of the trial court. See In re Layton, 257 S.W.3d 794, 795 (Tex. App.—Amarillo 2008, orig. proceeding); In re Molina, 94 S.W.3d 885, 886 (Tex. App.—San Antonio 2003, orig. proceeding). Additionally, a trial court has a reasonable time within which to consider a motion and to rule. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding). As the party seeking relief, the relator has the burden of providing this court with a sufficient record to establish his right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); Tex. R. App. P. 52.7(a)(1) (relator must file with petition "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding").

Relator has not provided this court any record, much less a record showing that he filed and requested the trial court to answer or rule on his applications for writ of habeas corpus, and that the trial court failed to answer or rule within a reasonable time. Accordingly, we deny relator's petition for writ of mandamus.

PER CURIAM Panel consists of Justices Christopher, McCally, and Busby.
Do Not Publish — Tex. R. App. P. 47.2(b).