NUMBER 13-14-00411-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE LOUIS WAYNE TEETER
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Perkes and Longoria
Memorandum Opinion Per Curiam1
Relator, Louis Wayne Teeter, proceeding pro se, filed a petition for writ of
mandamus in the above cause on July 21, 2014 asking this Court to compel the trial court
to issue a ruling on relator’s motion to preserve evidence.2
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so. When granting relief, the court must hand down an opinion as in any other case.”); see
id. R. 47.4 (distinguishing opinions and memorandum opinions).
2 This original proceeding arises from trial court cause number 07-CR-92-F in the 214th District
Court of Nueces County. Relator’s conviction in that cause has already been addressed by direct appeal.
See Teeter v. State, No. 13–07–00578–CR, 2009 WL 4251166 (Tex. App.—Corpus Christi, July 23, 2009)
(mem. op., not designated for publication), rev’d in part & aff’d in part, No. PD–1169–09, 2010 WL 3702360
(Tex. Crim. App. Sep. 22, 2010) (not designated for publication). This Court has previously denied a petition
To be entitled to mandamus relief, relator must establish both that he has no
adequate remedy at law to redress his alleged harm, and that what he seeks to compel
is a ministerial act not involving a discretionary or judicial decision. In re State ex rel.
Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding); State ex rel.
Young v. Sixth Jud. Dist. Ct. of App., 236 S.W.3d 207, 210 (Tex. Crim. App. 2007). If
relator fails to meet both of these requirements, then the petition for writ of mandamus
should be denied. See id. It is relator’s burden to properly request and show entitlement
to mandamus relief. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.–Houston [1st Dist.]
1992, orig. proceeding) (“Even a pro se applicant for a writ of mandamus must show
himself entitled to the extraordinary relief he seeks.”). In addition to other requirements,
relator must include a statement of facts supported by citations to “competent evidence
included in the appendix or record,” and must also provide “a clear and concise argument
for the contentions made, with appropriate citations to authorities and to the appendix or
record.” See generally TEX. R. APP. P. 52.3. In this regard, it is clear that relator must
furnish an appendix or record sufficient to support the claim for mandamus relief. See id.
R. 52.3(k) (specifying the required contents for the appendix); R. 52.7(a) (specifying the
required contents for the record).
The Court, having examined and fully considered the petition for writ of mandamus
and the applicable law, is of the opinion that relator has not met his burden to obtain relief.
See State ex rel. Young, 236 S.W.3d at 210. First, the petition for writ of mandamus fails
to comply with the Texas Rules of Appellate Procedure. See generally TEX. R. APP. P.
for writ of mandamus filed by relator concerning the same issue presented herein. See In re Teeter, No.
13-14-00226-CR, 2014 WL 1669068, at *1 (Tex. App.—Corpus Christi Apr. 22, 2014, orig. proceeding)
(mem. op. per curiam) (not designated for publication).
2
52.3. Second, relator has not demonstrated that the trial court has been presented with
and expressly refused to rule on relator’s motion, or that an unreasonable amount of time
has passed since the motion was filed. See In re Dimas, 88 S.W.3d 349, 351 (Tex. App.—
San Antonio 2002, orig. proceeding); In re Chavez, 62 S.W.3d 225, 228 (Tex. App.—
Amarillo 2001, orig. proceeding); Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—
Houston [1st Dist.] 1992, orig. proceeding); accord O'Connor v. First Ct. of Appeals, 837
S.W.2d 94, 97 (Tex. 1992) (orig. proceeding). Accordingly, the petition for writ of
mandamus is DENIED.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
22nd day of July, 2014.
3
in Re Louis Wayne Teeter
Combined Opinion