in Re Luis Alberto Vasquez ( 2020 )

NUMBER 13-20-00209-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE LUIS ALBERTO VASQUEZ
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Hinojosa
Memorandum Opinion by Justice Hinojosa1
Relator Luis Alberto Vasquez filed a petition for writ of mandamus in the above
cause on April 16, 2020. Through this original proceeding, Vasquez contends that the trial
court abused its discretion by requiring Vasquez “and other defendants to appear at
pretrial conferences about the status of their case in person, and issuing a judgment nisi
and a warrant for their arrest if they failed to do so.” Vasquez concedes that trial courts
typically have great latitude in handling their dockets and deciding how matters are heard;
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so.”); id. R. 47.4 (distinguishing opinions and memorandum opinions).
however, concerns regarding the COVID-19 pandemic demand a modification of this
general rule for hearings that “are not strictly necessary.”
To be entitled to mandamus relief, the relator must establish both that he has no
adequate remedy at law to redress his alleged harm, and that what he seeks to compel
is a purely ministerial act not involving a discretionary or judicial decision. Powell v.
Hocker, 516 S.W.3d 488, 495 (Tex. Crim. App. 2017) (orig. proceeding); In re Harris, 491
S.W.3d 332, 334 (Tex. Crim. App. 2016) (orig. proceeding); In re McCann, 422 S.W.3d
701, 704 (Tex. Crim. App. 2013) (orig. proceeding). A ministerial act does not involve the
use of judicial discretion; instead, a ministerial act must be positively commanded and so
plainly prescribed under the law as to be free from doubt. In re Harris, 491 S.W.3d at 333–
34. In other words, the relator must have a clear right to the relief sought, meaning that
the merits of the relief sought are beyond dispute. In re McCann, 422 S.W.3d at 704. If
the relator fails to meet both requirements, then the petition for writ of mandamus should
be denied. State ex rel. Young v. Sixth Jud. Dist. Ct. of Apps. at Texarkana, 236 S.W.3d
207, 210 (Tex. Crim. App. 2007).
The Court, having examined and fully considered the petition for writ of mandamus,
the record provided, and the applicable law, is of the opinion that Vasquez has failed to
meet his burden of proof to obtain mandamus relief in this case. In so ruling, we are
cognizant of the profound and significant legal issues regarding public health and safety
and due process implicated by this original proceeding. However, in examining the
specific facts and circumstances presented by this record, we cannot conclude that
mandamus relief is warranted for Vasquez’s claims, and we do not address here any
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claims he might attempt to raise on the behalf of others. Accordingly, we deny the petition
for writ of mandamus and all relief sought therein.
LETICIA HINOJOSA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
16th day of April, 2020.
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