in Re: Jerome Johnson, 05-22-00051-CV

Jerome Johnson, a convicted sexual-assault defendant serving a 42-year sentence, sought a writ of mandamus to compel the trial court to order the court reporter to supplement the reporter’s record from his 2003 appeal to include the examining trial.
Johnson filed various documents with his petition, but none were certified as required by Texas Rule of Appellate Procedure 52; he also submitted an unsigned, unnotarized statement labeled an affidavit.
The submitted statement was neither a proper notarized affidavit nor a compliant unsworn inmate declaration under the Civil Practice & Remedies Code, so it failed to authenticate the exhibits.
Mandamus relief requires the relator to show a ministerial duty, no adequate remedy at law, and to provide a sufficient mandamus record; Johnson failed to meet these requirements.
Johnson’s conviction was affirmed on direct appeal in 2005 and the appellate court’s plenary jurisdiction and mandate long since expired, rendering post-appeal supplementation requests moot.
Because the appeal is final, the trial court lacks jurisdiction to grant the requested supplementation and therefore has no ministerial duty to act; the mandamus petition was denied.

Issue	Johnson's Argument	Trial Court / State's Argument	Held
Authentication of supporting record	Submitted documents and an "affidavit" to authenticate exhibits	Documents were not certified; statement was not notarized or a valid unsworn inmate declaration	Documents were not properly authenticated; record insufficient for mandamus
Compliance with appellate rules for mandamus	Relator argued court should order supplementation despite defects	Relator must comply with Rule 52 (appendix and certified filings); inmate status does not excuse compliance	Relator failed to comply with Rule 52; burden to supply record unmet
Trial court jurisdiction to supplement long-closed appeal	Requested supplementation of a 2003 appeal record	Appeal was final (mandate issued, plenary jurisdiction ended); supplementation motions now moot; trial court lacks jurisdiction	Trial court lacks jurisdiction/ministerial duty; mandamus inappropriate

Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (relator bears burden to provide sufficient mandamus record)
In re State ex rel. Weeks, 391 S.W.3d 117 (Tex. Crim. App. 2013) (mandamus requires ministerial duty and no adequate remedy)
In re Foster, 503 S.W.3d 606 (Tex. App.—Houston [14th Dist.] 2016) (inmate not excused from appellate procedural requirements)
In re Butler, 270 S.W.3d 757 (Tex. App.—Dallas 2008) (unauthenticated filings do not support mandamus relief)
State v. Patrick, 86 S.W.3d 592 (Tex. Crim. App. 2002) (trial court jurisdiction after appeal limited to specific post-judgment matters)
In re Pettigrew, 301 S.W.3d 920 (Tex. App.—Tyler 2009) (no jurisdiction to supplement record years after appeal adjudicated)