Opinion
WR-95,422-01
02-07-2024
IN RE CLINT HARRISON ELLER, Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 20-26322 IN THE 440TH DISTRICT COURT FROM CORYELL COUNTY
ORDER
PER CURIAM.
Relator has filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. Relator says he sent a motion to substitute counsel that either the district clerk is not filing or the trial court is not deciding. He includes a copy of the motion that is not file stamped. He asks this Court to compel filing and a ruling. The claim has been exhausted before the appellate court. See In re Eller, No. 10-23-00221-CR (Tex. App.-Waco Aug. 9, 2023) (not designated for publication); Padilla v. McDaniel, 122 S.W.3d 805 (Tex. Crim. App. 2003).
Mandamus relief is available only when the relator can establish that no other adequate remedy at law is available and that the act he seeks to compel is ministerial. Braxton v. Dunn, 803 S.W.2d 318, 320 (Tex. Crim. App. 1991). Consideration of a motion properly filed and before a trial court is ministerial. White v. Reiter, 640 S.W.2d 586, 594 (Tex. Crim. App. 1982).
Respondent, the Judge of the 440th District Court, shall provide this Court with a written response indicating whether Relator has properly filed a motion to substitute counsel and whether the trial court has ruled on the motion. Respondent shall provide a response within fifteen days from the date of this order. This motion for leave to file will be held until Respondent has complied with this order.