Send this document to a
colleague

Close
This Window

Petition for Writ of Mandamus Denied and
Memorandum Opinion filed May 15, 2007.

In The

Fourteenth
Court of Appeals

____________

NO. 14-07-00231-CV

____________

In
Re ERSKIN HARRIS,
Relator

ORIGINAL
PROCEEDING

WRIT OF
MANDAMUS

M E M O R
A N D U M   O P I N I O N

On April 5,
2007, 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 asks this court to compel the
Honorable Jeannine Barr, presiding judge of the 182nd District Court of
Harris County, to rule on relator=s motion for DNA testing of
evidence pursuant to Chapter 64 of the Texas Code of Criminal
Procedure.

Relator has not established
that he is entitled to mandamus relief.  There is no indication in
the record that the motion was ever set for submission or that any other
action was taken to alert the trial court to the filed motion and that,
once so alerted, the trial court refused to rule.  See Barnes v.
State, 832 S.W.2d 424 (Tex. App.CHouston [1st Dist.] 1992, no
pet.); In re Hughes, 2004 WL 89289 (Tex. App.CAmarillo 2004) (orig.
proceeding).  Accordingly, we deny relator=s petition for writ of
mandamus.

PER CURIAM

Petition Denied and Memorandum
Opinion filed May 15, 2007.

Panel consists of Justices
Yates, Anderson and Hudson.