in Re Mohammed Dehghani ( 2006 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 24, 2006

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 24, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-06-00499-CV

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IN RE MOHAMMED DEHGHANI, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M  O P I N I O N

On June 6, 2006, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asked this court to compel the Honorable Joan Huffman, formerly the presiding judge of the 183rd District Court of Harris County, to hold a hearing on his motion for DNA testing.  Relator has failed to establish that he is entitled to the mandamus relief requested.^[1] Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed August 24, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

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            ^[1]Judge Huffman is no longer on the bench.  We recognize that, under Texas Rule of Appellate Procedure 7.2(b), when one named in her official capacity as a party to an original proceeding no longer holds the office, abatement is required to allow that party=s successor to Areconsider the original party=s decision.@ However, in this case, there was no decision rendered by Judge Huffman, and the record provided by relator does not show the trial court was required to render a decision; therefore, abatement under these circumstances would be an exercise of futility.