DENY and Opinion Filed September 28, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00990-CV
IN RE SHEDRICK THORNTON, Relator
Original Proceeding from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F-1476804-H
MEMORANDUM OPINION
Before Justices Molberg, Pedersen, III, and Garcia
Opinion by Justice Pedersen, III
In this original proceeding, relator seeks a writ of mandamus directing the trial
court to rule on his article 11.072 application for writ of habeas corpus. To establish
a right to mandamus relief in a criminal case, the relator must show that the trial
court violated a ministerial duty and there is no adequate remedy at law. In re State
ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). To
seek mandamus relief from a trial court’s failure to rule, a relator must establish the
trial court (1) had a legal duty to rule on the motion; (2) was asked to rule on the
motion; and (3) failed to do so. In re Prado, 522 S.W.3d 1, 2 (Tex. App.—Dallas
2017, orig. proceeding).
As the party seeking relief, the relator has the burden of providing the Court
with a sufficient mandamus record to establish his right to mandamus relief. Walker
v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); TEX. R. APP. P. 52.3,
52.7. Here, relator has filed with the petition only unauthenticated documents, rather
than certified or sworn copies of the motions and other relevant documents as the
rules require. See TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1); In re Butler, 270 S.W.3d
757, 759 (Tex. App.—Dallas 2008, orig. proceeding). Without a properly
authenticated record, relator has not carried his burden. See Butler, 270 S.W.3d at
758–59.
Additionally, relator has not shown that he brought the pending application to
the trial court’s attention or reminded the trial court by letter that the application is
pending. See In re Prado, 522 S.W.3d at 2; In re Rangel, 570 S.W.3d 968, 969 (Tex.
App.—Waco 2019, orig. proceeding). Without such a showing, relator cannot
demonstrate he is entitled to mandamus relief against the trial court for failing to rule
on a pending application.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a).
/Bill Pedersen, III//
220990f.p05 BILL PEDERSEN, III
JUSTICE
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