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Date: 02-22-2021
Case Style:
In Re: Jaime Luevano
Case Number: 08-20-00185-CR
Judge: JEFF ALLEY
Court: COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
Plaintiff's Attorney: Hon. Yvonne Rosales
Defendant's Attorney:
OR
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Description:
El Paso, Texas - Relator Jaime Luevano, pro se, has filed a writ of mandamus ordering the Honorable James T. Carter to reopen a writ of habeas corpus and inquiry/examination trial that led to his indictment..
Luevano previously filed a petition for writ of mandamus seeking the same
relief he seeks in this writ. His petition was denied. In re Luevano, No. 08-07-00303-CR, 2007
WL 3120937 (Tex.App.--El Paso Oct. 25, 2007, orig. proceeding) (mem. op., not designated for
publication).
To be entitled to mandamus relief, a relator must meet two requirements. The relator must
establish (1) that he has no adequate remedy at law to redress his alleged harm, and (2) that what
he seeks to compel is a ministerial act, not a discretionary or judicial decision. Bowen v. Carnes,
343 S.W.3d 805, 810 (Tex.Crim.App. 2011) (orig. proceeding). Based on the record before us,
Relator has not established that he is entitled to mandamus relief.
Further, we note that under Texas law, the sole method for a collateral attack on a felony
2
conviction is through an application for a writ of habeas corpus. In re Harrison, 187 S.W.3d 199,
200 (Tex.App.--Texarkana 2006, orig. proceeding). The procedure set forth in Article 11.07 of
the Texas Code of Criminal Procedure is the exclusive post-conviction judicial remedy available
when the conviction is final and the applicant is confined by virtue of his or her felony conviction
as in this case. In re Harrison, 187 S.W.3d at 200.
Outcome: For these reasons, the petition for writ of mandamus is denied.
Plaintiff's Experts:
Defendant's Experts:
Comments: