Opinion
NO. 14-18-00331-CR
06-07-2018
IN RE BRADLEY J. BARTON, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
176th District Court Harris County, Texas
Trial Court Cause No. 1206429
MEMORANDUM OPINION
On April 25, 2018, relator Bradley J. Barton filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the presiding judge of the 176th District Court of Harris County to vacate an alleged order of a predecessor judge of that court preventing all mail contact, phone contact, and personal visitations of relator.
To be entitled to mandamus relief with respect to a criminal law matter, relator must show that he has no adequate remedy at law to redress his alleged harm, and that he seeks to compel a ministerial act. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). "With respect to the requirement that the act sought is purely ministerial, 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 701, 704 (Tex. Crim. App. 2013) (orig. proceeding). "A clear right to relief is shown when the facts and circumstances dictate but one rational decision 'under unequivocal, well-settled . . . , and clearly controlling legal principles.'" Weeks, 391 S.W.3d at 122 (quoting Bowen v. Carnes, 343 S.W.3d 805, 810 (Tex. Crim. App.2011) (orig. proceeding)). "If there is any discretion or judicial determination attendant to the act, it is not ministerial in nature. Nor is a ministerial act implicated if the trial court must weigh conflicting claims or collateral matters which require legal resolution." State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding).
Relator has not established that what he seeks to compel is a ministerial act. Accordingly, we deny relator's petition for writ of mandamus.
PER CURIAM Panel consists of Justices Busby, Brown, and Jewell.
Do Not Publish — Tex. R. App. P. 47.2(b).