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in Re James Weldon Burton, Relator
07-15-00331-CV
| Tex. App. | Sep 10, 2015
|
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Case Information

*1 Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Pending before the court is a document filed by James Weldon Burton entitled “Relator’s Request for Randall County District Attorney’s File.” Given the nature of the relief sought, we construe the item as a petition for writ of mandamus. Because it seeks relief beyond our jurisdiction, however, we must deny it.

Burton requests that we “ORDER the Randall County District Attorn ey to provide and surrender a complete copy of the Randall County District Attorney’s file and all

evidence held in Cause No. 16,692- B. . . .” This request is problematic for we generally cannot issue writs of mandamus against anyone other than a judge. T EX . G OV ’ T C ODE A NN . § 22.221 (West 2004). While there is an exception to that limitation, however, it encompasses instances wherein relief is necessary to protect our appellate *2 jurisdiction. In re Lagaite, No. 07-15-00101-CV, 2015 Tex. App. LEXIS 3565, at *1 (Tex. App. — Amarillo April 9, 2015) (orig. proceeding). Before it can be said that we are protecting our appellate jurisdiction, though, there must be an appeal pending wherein the relator is a party. Id. Burton’s complaint does not relate to a pe nding appeal or to our jurisdiction over a pending appeal. Nor do we know of any authority allowing an appellate court to simply direct a district attorney to disclose his records to others. Thus, we have no jurisdiction to require the Randall County District Attorney to provide a complete copy of his file in Cause No. 16,692-B and deny the petition for a writ of mandamus.

Brian Quinn Chief Justice

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Case Details

Case Name: in Re James Weldon Burton, Relator
Court Name: Court of Appeals of Texas
Date Published: Sep 10, 2015
Docket Number: 07-15-00331-CV
Court Abbreviation: Tex. App.
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