CourtListener 10764423•In Re Juan Marquis Council v. the State of Texas
In Re Juan Marquis Council v. the State of Texas
CourtListener 10764423Txctapp618 de dez. de 2025
Texto completo
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-25-00185-CR
IN RE JUAN MARQUIS COUNCIL
Original Mandamus Proceeding
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice van Cleef
MEMORANDUM OPINION
Juan Marquis Council has petitioned this Court for mandamus relief. However, he has
not expressly stated what action he would have us compel the trial court to do. His prayer asks
us to “issue the writ[] of mandamus for relief for being denied his rightful civil liberties.”
Because Council has not complied with the requirements of the Texas Rules of Appellate
Procedure, we deny his request.
I. Standard of Review
In a criminal case, “[m]andamus relief may be granted if a relator shows that: (1) the act
sought to be compelled is purely ministerial, and (2) there is no adequate remedy at law.” In re
McCann, 422 S.W.3d 701, 704 (Tex. Crim. App. 2013) (orig. proceeding). To meet his burden
to establish entitlement to mandamus relief, the relator is required to show that the trial court
failed to complete a ministerial act. See In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex.
Crim. App. 2013) (orig. proceeding). “To satisfy the ministerial-act requirement, the relief
sought must be clear and indisputable such that its merits are beyond dispute and there is nothing
left to the exercise of discretion or judgment.” In re City of Lubbock, 666 S.W.3d 546, 553 (Tex.
Crim. App. 2023) (orig. proceeding).
“A clear right to [the requested] relief is shown when the facts and circumstances
[require] but one rational decision ‘under unequivocal, well-settled (i.e., from extant statutory,
constitutional, or case law sources), and clearly controlling legal principles.’” In re State ex rel.
Weeks, 391 S.W.3d at 122 (quoting Bowen v. Carnes, 343 S.W.3d 805, 810 (Tex. Crim. App.
2011) (orig. proceeding)). “Mandamus is not available to compel a discretionary act as
2
distinguished from a ministerial act.” State ex rel. Holmes v. Denson, 671 S.W.2d 896, 899
(Tex. Crim. App. 1984) (orig. proceeding).
II. Analysis
One seeking mandamus relief must provide, inter alia, “a concise description of the
respondent’s action from which the relator seeks relief.” TEX. R. APP. P. 52.3(d)(3). From
Council’s petition, we are unable to discern the basis of Council’s complaint.
Further, as relator, Council bears the burden of providing this Court with a sufficient
record to establish his entitlement to mandamus relief. See In re Fox, 141 S.W.3d 795, 797 (Tex.
App.—Amarillo 2004, orig. proceeding); In re Mendoza, 131 S.W.3d 167, 167–68 (Tex. App.—
San Antonio 2004, orig. proceeding); see also TEX. R. APP. P. 52.3(k), 52.7(a). Council has not
provided this Court with “certified or sworn cop[ies] of any order complained of, or any other
document showing the matter complained of.” TEX. R. APP. P. 52.3(k)(1)(B); see In re Shugart,
528 S.W.3d 794, 796 (Tex. App.—Texarkana 2017, orig. proceeding).
III. Conclusion
Council has not shown himself entitled to mandamus relief. Accordingly, we deny
Council’s petition for a writ of mandamus.
Charles van Cleef
Justice
Date Submitted: December 17, 2025
Date Decided: December 18, 2025
Do Not Publish
3
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.