IN RE: Scott Edward May (2011)

Court of Appeals of Texas, Waco.

IN RE: Scott Edward May

No. 10-11-00028-CR

Decided: February 09, 2011

Before Chief Justice Gray, Justice Davis, and Justice Scoggins

MEMORANDUM Opinion

Scott Edward May requests this Court by petition for writ of mandamus to compel the trial court to rule on May's Motion Nunc Pro Tunc. There are procedural problems with May's petition, most notably that the petition is not certified and the record is not certified or sworn. See Tex.R.App. P. 52.3(j), (k); 52.7(a). However, we use Rule 2 to look beyond the procedural problems and deny the petition on its merits because May has presented no evidence that he properly brought the motion nunc pro tunc to the trial court's attention and that the trial court refused to rule. Tex.R.App. P. 2; In re Hearn, 137 S.W.3d 681, 685 (Tex.App.-San Antonio 2004, orig. proceeding).

May's petition for writ of mandamus is denied. Further, his motion for leave to file the petition for writ of mandamus is dismissed as moot.

[OT06]

TOM GRAY Chief Justice

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network