In Re Marcus Eugene Pollard--Appeal from 258th District Court of San Jacinto County
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-08-382 CV ____________________ IN RE MARCUS EUGENE POLLARD Original Proceeding MEMORANDUM OPINION Marcus Eugene Pollard filed a petition for writ of mandamus in which he seeks to compel the trial court to rule on a post-conviction motion for DNA testing Pollard filed in Cause No. 9222. Although Pollard referred to forensic DNA testing in his motion to the trial court, the specific tests Pollard actually asks for in his motion are fingerprint tests, shot pattern tests, distance tests and GSR [gun shot residue] tests. The motion does not allege that there is any biological material that was in the possession of the State during the trial of the offense but which was not previously subjected to DNA testing. See T EX. C ODE. C RIM. P ROC. A NN. art. 64.01 (Vernon Supp. 2008). Furthermore, Pollard states that his motion also was filed as an exhibit to a state post-conviction habeas corpus application. Mandamus relief 1 in a post-conviction habeas proceeding must be obtained from the Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex. App--Houston [1st Dist.] 2001, orig. proceeding). The relator fails to establish that he is entitled to the relief requested in the petition for writ of mandamus. Accordingly, the petition is denied. PETITION DENIED. PER CURIAM Opinion Delivered October 16, 2008 Before McKeithen, C.J., Kreger and Horton, JJ. 2
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