In Re Darrell Williams v. the State of Texas

CourtListener 10275193Txctapp1414 nov 2024

Testo completo

Petition for Writ of Mandamus Denied and Memorandum Majority and
Dissenting Opinions filed November 14, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00686-CR

IN RE DARRELL WILLIAMS, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
174th District Court
Harris County, Texas
Trial Court Cause No. 1491754

MEMORANDUM DISSENTING OPINION

The majority recognizes the procedural deficiencies in relator’s petition, yet
choses to deny relator notice and an opportunity to cure. Due process and due
course of law seemingly do not exist for some parties in this court if there is no
Texas Rule of Appellate Procedure to require that.

I believe that the federal and state constitutions extend to every litigant
before this court and are not so anemic that the lack of procedural rules renders
those constitutions impotent. I express no opinion on the merits of the petition for a
writ of mandamus because there is no record on which such a review can be
performed.

I dissent.

/s/ Charles A. Spain
Justice

Panel consists of Chief Justice Christopher and Justices Jewell and Spain (Spain,
J., dissenting).

Do Not Publish — Tex. R. App. P. 47.2(b).

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