In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00422-CR
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IN RE CAROL ANN DAVIS
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Original Proceeding
359th District Court of Montgomery County, Texas
Trial Cause No. 13-03-02547-CR
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MEMORANDUM OPINION
In a petition for a writ of mandamus or prohibition, Carol Ann Davis asks
that we compel the judge of the 359th District Court of Montgomery County to
stay her trial pending the Court’s resolution of Davis’s appeal of the denial of her
pre-trial application for a writ of habeas corpus. 1 After reviewing the petition and
appendix, we conclude Davis has failed to establish that the trial court either
denied a motion that it had a ministerial duty to grant or refused to rule on a motion
1
See generally Ex parte Davis, No. 09-15-00063-CR, 2015 WL 6121521, at
*1 (Tex. App.—Beaumont Oct. 14, 2015, no pet. h.) (mem. op., not designated for
publication).
1
properly filed and before the court. Davis has not shown that she has a clear right
to the relief sought under “unequivocal, well-settled . . . and clearly controlling
legal principles.” Simon v. Levario, 306 S.W.3d 318, 320 (Tex. Crim. App. 2009).
Accordingly, we deny the petition. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on October 27, 2015
Opinion Delivered October 28, 2015
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
2