in Re Prudencio Cordova

 

IN THE

TENTH COURT OF APPEALS

 

 

 


No. 10-09-00181-CV

 

In re Prudencio Cordova

 

 


Original Proceeding

 

 

MEMORANDUM  Opinion

 

The petition for writ of mandamus is denied.[1]

 

 

REX D. DAVIS

Justice

 

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

(Chief Justice Gray concurs in the judgment with a note)*

Petition denied

Motion to proceed in forma pauperis granted; motion for leave dismissed as moot

Opinion delivered and filed July 22, 2009

[OT06]

 

 

*(Chief Justice Gray concurs in the judgment to the extent it denies Cordova’s petition for writ of mandamus.  A separate opinion will not issue.  He notes, however, that his concurrence is based on a review of the merits of the petition and not upon a procedural deficiency, if any.)



[1] Relator’s motion to proceed in forma pauperis is granted.  Relator’s motion for leave is dismissed as moot; such a motion is no longer necessary under the Rules of Appellate Procedure.

at Turner is indigent, it does not assert that Counsel has not already been paid for the services or that there is some compelling reason that counsel should be released from his agreement to represent Turner.

      The motion also erroneously asserts that granting the motion will not work a delay. It already has caused a delay and ordering this cause abated will cause further delay. According to the motion, the trial court is waiting on our decision on the motion to withdraw before the trial court acts on the motion to appoint counsel. We are now waiting on the trial court before we decide the motion.

      I would deny the motion and order retained counsel to prepare and file appellant’s brief, thus compelling counsel to deal with the situation he has created. Because the majority does not, I respectfully dissent.

      The issue of a free record is not currently before us. I would not address it and do not join the majority’s discussion related thereto.


                                                                         TOM GRAY

                                                                         Justice


Dissenting opinion delivered and filed April 24, 2002

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