In Re: Derrick Shawn Culberson v. the State of Texas

DENIED and Opinion Filed August 15, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00595-CV

IN RE DERRICK SHAWN CULBERSON, Relator

Original Proceeding from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-9830801

MEMORANDUM OPINION
Before Justices Reichek, Goldstein, and Kennedy
Opinion by Justice Goldstein
In his May 16, 2024 petition for writ of mandamus, relator contended that the

trial court had refused or failed to act on his article 11.072 application for writ of

habeas corpus. The Court denied relief in a memorandum opinion and order, and

relator moved for rehearing. We deny the motion for rehearing, withdraw our

memorandum opinion, and vacate our order of July 8, 2024, and we issue this new

memorandum opinion and order of this date in their stead.

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).

Because relator is serving a prison term, he is eligible for relief under article

11.07 of the code of criminal procedure but ineligible under article 11.072; thus,

compelling the trial court to issue an article 11.072 order would be a fruitless action.

See Ex parte Taylor, No. 05-19-01565-CR, 2020 WL 3248492, at *3 (Tex. App.—

Dallas June 16, 2020, no pet.) (mem. op.) (not designated for publication).

Therefore, after reviewing relator’s petition and the record before us, we conclude

that relator has failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
JUSTICE
240595F.P05

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