IN RE: William Russell Denver (2015)

Court of Appeals of Texas, Dallas.

IN RE: William Russell Denver, Relator

No. 05–15–00700–CV, No. 05–15–00701–CV, No. 05–15–00702–CV

Decided: July 09, 2015

Before Justices Lang–Miers, Evans, and Whitehill

MEMORANDUM OPINION

Relator filed this petition for writ of mandamus requesting that the Court order the trial court to rule on his pro se “Motion to Show Cause” and “Motion to Dismiss with Prejudice Due to Prosecutorial Misconduct.” To establish a right to mandamus relief in a criminal case, the relator must show that the trial court violated a ministerial duty and there is no adequate remedy at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex.Crim.App.2013) (orig.proceeding). Relator is represented by counsel. He is not entitled to hybrid representation. See Rudd v. State, 616 S.W.2d 623 (Tex.Crim.App. [Panel Op.] 1981). As a consequence, the trial court has no ministerial duty to rule on any pro se motions he has presented. Robinson v. State, 240 S.W.3d 919, 922 (Tex.Crim.App.2007).

We deny the petition for writ of mandamus.

Opinion by Justice Whitehill

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