in Re James Edward Nealy

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





NO. 03-05-00114-CV






In re James Edward Nealy






ORIGINAL PROCEEDING FROM BELL COUNTY





M E M O R A N D U M O P I N I O N



Relator James Edward Nealy petitions this Court for a writ of mandamus to compel the district court to vacate its order denying post-conviction DNA testing and to appoint counsel for relator. Nealy’s appeal from the denial of testing is currently pending in this Court. The record shows that an attorney was appointed to represent Nealy below, and that another attorney was appointed to represent him on appeal.

The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

 

 

                                                __________________________________________

                                                Jan P. Patterson, Justice

Before Chief Justice Law, Justices Patterson and Puryear

Filed: April 4, 2005