in Re David Richard Lutz, Relator ( 2009 )

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MEMORANDUM OPINION
No. 04-09-00653-CV
IN RE David Richard LUTZ
Original Proceeding1
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: November 4, 2009
PETITION FOR WRIT OF CORAM NOBIS DENIED
On October 14, 2009, relator filed an “Original Petition for Writ of Error Coram Nobis.”
This court has determined that relator is not entitled to the relief sought because the common law
writ of coram nobis is not recognized in Texas. See Ex parte Massey, 249 S.W.2d 599, 601 (Tex.
Crim. App. 1952). Accordingly, the petition is DENIED. See TEX . R. APP . P. 52.8(a).
Additionally, relator filed a “Motion for Leave to File Writ of Error Coram Nobis.” No leave
is required to file an original petition in this court. TEX . R. APP . P. 52. Therefore, relator’s motion
for leave to file is DENIED as moot.
PER CURIAM
… This proceeding arises out of Cause No. 07-11-18730-CV, in the 38th Judicial District Court, Medina
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County, Texas, the Honorable Camile DuBose presiding.