Opinion
WR-68 434-05
03-23-2022
IN RE KENNETH RAY SOWELL, Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 1007515 IN THE 262ND DISTRICT COURT FROM HARRIS 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. He contends that he filed a motion for judgment nunc pro tunc in the trial court, but that the trial court has not ruled on that motion. A trial court has a ministerial duty to rule upon a properly filed and timely presented motion but generally has no ministerial duty to rule a certain way on the motion. State ex rel. Young v. Sixth Jud. Dist. Court of Appeals, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007).
Respondent, the Judge of the 262nd District Court, shall respond as to whether it has ruled on Relator's motion for judgment nunc pro tunc, and if not, why not. Respondent shall file 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.