in Re Zahir Querishi
14-15-00146-CV
| Tex. App. | Feb 18, 2015Background
- Relator Zahir Querishi, pro se inmate, petitions for writ of mandamus in the First District Court of Appeals to compel the Harris County District Clerk to issue citation in a habeas corpus matter.
- Habeas corpus petition filed January 5, 2015 in Harris County 315th District Court, Cause No. 86707, in matter In the Matter of Zahir Querishi v. The State of Texas.
- Relator requested citation issuance under Tex.R.Civ.P. 99 and 106(a)(2); clerk reportedly failed to issue citation or provide service as of the date.
- Relator attached exhibits and letters seeking citation; respondent has not fulfilled duty to issue the citation.
- Relator asserts a constitutional habeas claim and seeks mandamus to compel issuance of citation, unsealing of records, and a hearing; Court of Appeals has jurisdiction under Tex. Gov’t Code §22.221(a).
- Relator also seeks to suspend rules due to lack of access to copying facilities while incarcerated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus is proper to compel citation issuance by the clerk. | Querishi argues clerk duty under Tex.R.Civ.P. 99(a) to issue/deliver citation is nondiscretionary. | Harris County District Clerk presumably contends discretion or procedural objections apply. | Yes; mandamus appropriate to compel nondiscretionary action. |
| Whether relator satisfied prong requirements for mandamus by showing intent to obtain service. | Querishi shows bona fide intention to have process issued and served (Exhibits A,B). | Respondent disputes adequacy of showing or timeliness. | Relator satisfied prong two. |
| Whether relator’s constitutional habeas claims warrant relief via mandamus. | Confrontation Clause issue implicates reliability of proceedings; relief appropriate if clerk failed to issue citation. | Clerk’s failure to issue citation does not necessarily mandate habeas relief. | The issue pertains to the petition; mandamus to issue citation remains proper relief. |
Key Cases Cited
- Aguilar v. Stone, 901 S.W.2d 955 (Tex.App.-Houston [1st Dist.] 1995) (cites authority for mandamus when clerk refuses to issue process)
- In Re Chavez, 62 S.W.3d 225 (Tex.App.-Amarillo 2001) (nonetheless supports mandamus for nondiscretionary duties)
- TAC Americas Inc. v. Boothe, 94 S.W.3d 315 (Tex.App.-Austin 2002) (discusses purpose of citation and service under Tex.R.Civ.P. 99)
- Broom v. McMaster, 992 S.W.2d 659 (Tex.App.-Dallas 1999) (addressing issues related to service and process)
- Royattila v. Hinojosa, 18 S.W.3d 729 (Tex.App.-Dallas 2000) (duty of clerk to issue and deliver citations)
- Bruton v. United States, 379 U.S. 400 (1968) (Sixth Amendment confrontation concerns in joint trials)