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in Re: Gregory Tennyson
12-21-00117-CR
| Tex. App. | Sep 1, 2021
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Background

  • Relator Gregory Tennyson, acting pro se, filed an original mandamus proceeding in the Twelfth Court of Appeals complaining of Smith County District Clerk Penny Clarkston and Judge Jack Skeen Jr.
  • The appellate clerk notified Tennyson his petition failed to comply with Texas Rules of Appellate Procedure 52.3(a)-(d),(j),(k)(1)(A),(C) and 52.7 (form, contents, and record requirements) and gave a deadline to amend.
  • Tennyson filed a late motion for extension of time that lacked a required certificate of service under Rule 9.5; he did not cure the deficiencies or file an amended petition.
  • He did not file the required record (certified or sworn copies of material documents and an authenticated transcript or statement that no testimony was adduced), leaving the court without a sufficient record to review mandamus claims.
  • The court held that pro se status does not excuse compliance with the appellate rules and denied the petition for writ of mandamus; all pending motions were overruled as moot.
  • The opinion also noted that a district clerk is not a judge and the appellate court lacks mandamus jurisdiction over a district clerk where relief is not necessary to protect the court’s jurisdiction.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Tennyson's mandamus petition complied with TRAP form and record requirements Tennyson sought mandamus relief against the judge and clerk (asserting entitlement to relief) Petition failed to include required elements (identity of parties/counsel, table of contents, index of authorities, statement of the case, certification) and failed to file required record under TRAP 52.7 Denied: petition failed to comply; nothing presented for review due to insufficient petition and record
Whether the court may issue mandamus against the district clerk Tennyson requested relief against Clerk Clarkston A district clerk is not a judge; appellate mandamus against a clerk is not within the court’s mandamus jurisdiction absent necessity to protect jurisdiction Court noted it lacked jurisdiction to grant mandamus as to the district clerk and did not adjudicate merits against her
Whether pro se status excuses compliance with procedural rules Tennyson proceeded pro se and sought relief Pro se litigants are held to the same procedural standards as attorneys Held: pro se status does not excuse compliance; rules apply equally

Key Cases Cited

  • No officially reported cases with reporter citations are cited in the opinion (the opinion relies on unpublished/WL authorities and statutory provisions).
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Case Details

Case Name: in Re: Gregory Tennyson
Court Name: Court of Appeals of Texas
Date Published: Sep 1, 2021
Docket Number: 12-21-00117-CR
Court Abbreviation: Tex. App.