Petition for Writ of Mandamus Denied and Memorandum Opinion filed July
30, 2013.
In The
Fourteenth Court of Appeals
NO. 14-13-00575-CR
NO. 14-13-00576-CR
NO. 14-13-00577-CR
IN RE ROBERT RANDALL LONG, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
177th District Court
Harris County, Texas
Trial Court Cause Nos. 1216882, 1235282, & 1273161
MEMORANDUM OPINION
On July 5, 2013, relator Robert Randall Long filed a petition for writ of
mandamus in this court. In the petition, relator asks this court to compel the
Honorable Ryan Patrick, presiding judge of the 177th District Court of Harris
County, to refrain from ruling on any motions in relator’s pending actions.
Relator contends he filed a motion to recuse the trial court on May 8, 2013.
Relator further contends that the trial court has ruled on other motions after the
filing of the recusal motion in violation of Texas Rule of Civil Procedure 18a.
The procedures for recusal of judges set out in Rule 18a of the Texas Rules
of Civil Procedure apply in criminal cases. De Leon v. Aguilar, 127 S.W.3d 1, 5
(Tex. Crim. App. 2004). Rule 18a provides:
At least ten days before the date set for trial or other hearing in any
court other than the Supreme Court, the Court of Criminal Appeals or
the court of appeals, any party may file with the clerk of the court a
motion stating grounds why the judge before whom the case is
pending should not sit in the case. The grounds may include any
disability of the judge to sit in the case. The motion shall be verified
and must state with particularity the grounds why the judge before
whom the case is pending should not sit. The motion shall be made
on personal knowledge and shall set forth such facts as would be
admissible in evidence provided that facts may be stated upon
information and belief if the grounds of such belief are specifically
stated.
Tex. R. Civ. P. 18a(a).
If a party does not comply with the mandatory requirements of Rule 18a, he
waives his right to complain of a judge’s refusal to recuse himself. In re A. V., 350
S.W.3d 317, 321 (Tex. App.—San Antonio 2011, no pet.); Gill v. Tex. Dep’t of
Criminal Justice, Institutional Div., 3 S.W.3d 576, 579 (Tex. App.–Houston [1st
Dist.] 1999, no pet.).
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Relator attached to his petition a copy of a document entitled, “Amended
Motion for Judge to Disqualify or Recuse Himself.” The document does not bear a
file stamp or any indication it was filed with the District Clerk or presented to the
trial court. We cannot determine from this record whether relator complied with
Rule 18a. See In re Villarreal, 96 S.W.3d 708, 710 (Tex. App.—Amarillo 2003,
orig. proceeding) (A relator must show that the trial court received, was aware of,
and asked to rule on the motion.).
Relator has not established entitlement to the extraordinary relief of a writ of
mandamus. Accordingly, we deny relator’s petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Brown, Christopher, and McCally.
Do Not Publish — TEX. R. APP. P. 47.2(b).
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