In Re Devoris Newson v. the State of Texas

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-26-00100-CR
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In re Devoris Newson, Relator

AN ORIGINAL PROCEEDING IN MANDAMUS

M E MO RA N D UM O PI NI O N
Relator Devoris Newson, who is representing himself, filed a petition for writ of mandamus

on February 26, 2026, asking “that the courts be mandated to appoint counsel and rule on amended

motion for new trial, holding a proper hearing.” He represents in the petition that his motions for

new trial were “properly filed” (which included a request for new counsel), that the judge “was

put on notice,” and that the trial court had the ministerial duty to rule on the “last motion filed prior

to hearing.”
A relator seeking mandamus relief must establish that the trial court failed to perform a

ministerial duty or committed a clear abuse of discretion and that the relator lacks an adequate

remedy by way of appeal. See In re UpCurve Energy Partners LLC, 632 S.W.3d 254, 256

(Tex. App.—El Paso 2021, orig. proceeding); In re Phillips, 496 S.W.3d 769, 774 (Tex. 2016); In

re Nationwide Ins. Co. of Am., 494 S.W.3d 708, 712 (Tex. 2016) (orig. proceeding). 1 After

reviewing Newson’s petition for writ of mandamus, the Court has determined that Newson has not

shown his entitlement to the relief sought. Accordingly, the petition for writ of mandamus is

denied. Any pending motions are dismissed as moot.

LISA J SOTO, Justice

March 9, 2026

Before Palafox and Soto, JJ., Benavides, J. (Senior Judge)
Benavides, J. (Senior Judge), sitting by assignment

(Do Not Publish)

1
The relator must provide the Court with a record sufficient to establish his right to relief. Walker v. Packer, 827
S.W.2d 833, 837 (Tex. 1992). Moreover, the record must conform to the requirements of the Texas Rules of Appellate
Procedure.

2