The court of appeals rejected the relator's petitions for writs of mandamus. When there is no pending application for habeas corpus filed under Texas Code of Criminal Procedure Article 11.07, the appellate court is not without jurisdiction to rule on mandamus petitions relating to a motion requesting access to material that could be used in a future habeas application. Writ of mandamus is conditionally granted directing the court of appeals to rescind its decision dismissing relator's petitions for writ of mandamus for want of jurisdiction. Fifth District, Court of Criminal Appeals, No. AP-76,727, 01-09-2013.
Padieu v. Court of Appeals of Texas, Fifth District
Tex. Crim. App.
January 17, 2013
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