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In re The State of Texas
Date: 02-24-2020
Case Number: 04-19-00847-CR
Judge: PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Beth Watkins, Justice
Court: Fourth Court of Appeals San Antonio, Texas
Plaintiff's Attorney: Samuel C. Adams
Defendant's Attorney:
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Relator filed a petition for writ of mandamus asking this court to compel the presiding
judge of the San Antonio Municipal Court to (1) vacate his December 4, 2019 instruction to the
venire panel, and (2) vacate his December 4, 2019 instruction of the law in the jury charge.
This court’s mandamus jurisdiction is limited to writs against a district court judge or
county court judge in our district and all writs necessary to enforce our jurisdiction. TEX. GOV’T
CODE § 22.221(a), (b). We do not have authority to issue writs of mandamus against a municipal
court judge unless it is necessary to enforce our jurisdiction. In re Chang, 176 S.W.3d 451, 452
(Tex. App.—Houston [1st Dist.] 2004, orig. proceeding) (per curiam); see also In re Gomez, 04
19-00019-CR, 2019 WL 286085, at *1 (Tex. App.—San Antonio Jan. 23, 2019, orig. proceeding)
(per curiam) (mem. op., not designated for publication) (holding same).
About This Case
What was the outcome of In re The State of Texas?
The outcome was: Relator does not contend that issuance of the writ is necessary to enforce this court’s jurisdiction; therefore, we dismiss the petition for lack of jurisdiction.
Which court heard In re The State of Texas?
This case was heard in Fourth Court of Appeals San Antonio, Texas, TX. The presiding judge was PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Beth Watkins, Justice.
Who were the attorneys in In re The State of Texas?
Plaintiff's attorney: Samuel C. Adams. Defendant's attorney: Need help finding a lawyer for representation for filing a petition for writ of mandamus in Texas? Call 918-582-6422. It's Free..
When was In re The State of Texas decided?
This case was decided on February 24, 2020.