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