in Re Tuan Van Ly ( 2010 )

Opinion issued September 30, 2010

In The

Court of Appeals

For the

First District of Texas

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NO. 01-10-00735-CR

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IN RE TUAN VAN LY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator Tuan Van Ly filed a petition for a writ of mandamus requesting that this Court order (1) the Harris County District Attorney’s Office and the Office of the Attorney General of Texas to provide evidence in response to relator’s discovery requests; (2) the trial court to hold a hearing on relator’s motion for DNA re-testing and to grant re-testing; and (3) the trial court to lift the writ abuse sanction imposed on relator to allow him to file a writ of habeas corpus.^[1]

We deny the petition for a writ of mandamus.  Relator has failed to file an appendix containing certified or sworn copies of documents showing the matters of which he complains.  See Tex. R. App. P. 52.3(k)(1)(A) (requiring relator to include, as part of appendix, “a certified or sworn copy of any order complained of, or any other document showing the matter complained of”); id. 52.7(a)(1) (requiring relator to file with petition “a certified or sworn copy of every document that is material to the relator’s claim for relief and that was filed in any underlying proceeding”).

PER CURIAM

Panel consists of Justices Keyes, Higley, and Bland.

Do not publish.  Tex. R. App. P. 47.2(b).

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¹        Relator names the following as respondents:  Greg Abbott, Attorney General of Texas; Vic Wesner, Patricia R. Lykos, and Alycia Harvey of the Harris County District Attorney’s Office; Nathaniel Quarterman, Director of the Texas Department of Criminal Justice; and Tommy Thomas, former Harris County Sheriff.  Relator was found guilty of the offense of capital murder in State v. Tuan Van Ly, No. 643995 in the 228th District Court of Harris County on November 17, 1993.