IN RE: David Schlittler

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Court of Appeals of Texas, Tyler.

IN RE: David Schlittler, Relator David Schlittler, Relator v. Hon. Deborah Oakes Evans, Respondent

NO. 12-17-00275-CR

Decided: September 20, 2017

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.


David Schlittler, acting pro se, has filed this original proceeding in which he challenges the trial court's failure to rule on his motion for appointment of habeas corpus counsel.

Texas Rule of Appellate Procedure 52.7 requires the relator to file a record as part of his petition in an original proceeding. See Tex. R. App. P. 52.7. Specifically, a relator must file (1) a certified or sworn copy of every document that is material to his claim for relief and that was filed in any underlying proceeding; and (2) “a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained.” Tex. R. App. P. 52.7(a).

In this case, Relator did not provide the record in accordance with Rule 52.7. On September 7, 2017, this Court notified Relator that his petition failed to comply with Rule 52.7 and that his petition would be referred to the Court for dismissal unless Relator provided the record on or before September 18, 2017. Relator filed a motion to supplement the record, but still failed to furnish this Court with a record that meets the requirements of Rule 52.7. It is a relator's burden to provide this court with a sufficient record to establish the right to mandamus relief. In re Daisy, No. 12-13-00266-CR, 2014 WL 5577068, at *2 (Tex. App.–Tyler Aug. 29, 2014, orig. proceeding) (mem. op., not designated for publication). Absent a record, this Court cannot determine whether Relator is entitled to mandamus relief. See In re McCreary, No. 12-15-00067-CR, 2015 WL 1395783 (Tex. App.–Tyler Mar. 25, 2015, orig. proceeding) (mem. op., not designated for publication). Thus, we deny Relator's petition for writ of mandamus.


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