Opinion issued December 5, 2013
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-13-01016-CV
———————————
IN RE MICHAEL WAYNE BARNES, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
On November 22, 2013, the relator, Michael Wayne Barnes, filed a petition
for writ of mandamus, seeking to compel the district clerk to provide relator with
the reporter’s record and clerk’s record related to his appeal currently pending
before this Court.1
1
The underlying case is Michael Wayne Barnes v. Harris County Assistant District
Attorney Maritza Antu and Court Appointed Defense Counsel Mary C.A. Moore,
No. 2013-21008, in the 234th District Court of Harris County, Texas, the
Honorable Wesley Ward presiding. Relator’s appeal pending before this Court is
We deny the petition for writ of mandamus.2
PER CURIAM
Panel consists of Justices Keyes, Higley, and Massengale.
Michael Wayne Barnes v. Harris County Assistant District Attorney Maritza Antu
and Court Appointed Defense Counsel Mary C.A. Moore, No. 01-13-00826-CV.
2
Relator’s petition for writ of mandamus is procedurally defective. See TEX. R.
APP. 9.5 (requiring a copy of the petition to be served on all parties to the
proceeding); TEX. R. APP. P. 52.3(g) (requiring that every statement of fact in
petition be supported by citation to competent evidence included in appendix or
record); TEX. R. APP. P. 52.3(h) (requiring that petition include appropriate
citations to authorities and to appendix or record materials); TEX. R. APP. P.
52.3(k) (requiring that petition include appendix containing certified or sworn
copy of any order complained of); TEX. R. APP. P. 52.7 (requiring relator to file
record with petition containing certified or sworn copy of every document that is
material to relator’s claim and properly authenticated transcript of any relevant
testimony from underlying proceeding).
2
in Re Michael Wayne Barnes
Combined Opinion