in Re Joshuah MacK ( 2022 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
December 29, 2022.
In The
Fourteenth Court of Appeals
NO. 14-22-00898-CR
IN RE JOSHUAH MACK, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
300th District Court
Brazoria County, Texas
Trial Court Cause No. 79044-CR
MEMORANDUM OPINION
On December 5, 2022, relator Joshuah Mack filed a petition for writ of
mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App.
P. 52. In the petition, relator asks this court to compel his attorney to give relator
his entire client file.
This court’s mandamus jurisdiction is governed by section 22.221 of the
Texas Government Code. A court of appeals may issue writs of mandamus against
(1) a judge of a district, statutory county, statutory probate county, or county court
in the court of appeals district; (2) a judge of a district court who is acting as a
magistrate at a court of inquiry under Chapter 52 of the Texas Code of Criminal
Procedure in the court of appeals district; or (3) an associate judge of a district or
county court appointed by a judge under Chapter 201 of the Texas Family Code in
the court of appeals district for the judge who appointed the associate judge. Tex.
Gov’t Code Ann. § 22.221(b). The courts of appeals also may issue all writs
necessary to enforce the court of appeals’ jurisdiction. Id. § 22.221(a).
Relator’s attorney is not among the parties specified section 22.221(b). See
id. § 22.221(b). Moreover, relator has not shown that the issuance of a writ
compelling the requested relief is necessary to enforce our appellate jurisdiction. See
id. § 22.221(a). Therefore, we lack jurisdiction to issue a writ of mandamus against
relator’s attorney.
Accordingly, relator’s petition for writ of mandamus is dismissed for lack of
jurisdiction.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Bourliot and Wilson.
Do Not Publish — Tex. R. App. P. 47.2(b).
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