In Re: Boyce Dee Phillips--Appeal from of County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-07-00057-CV
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IN RE:

BOYCE DEE PHILLIPS

 

Original Mandamus Proceeding

 

 

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss

 

MEMORANDUM OPINION

 

Boyce Dee Phillips has filed a petition asking this Court to mandamus the production of various portions of the record from the proceedings that resulted in his criminal conviction. It appears from the face of the petition that he is asking this Court to order either the court reporter and/or the district clerk of Red River County to produce his medical records, all DNA tests done, a recorder's (sic) record, and the clerk's record, presumably in connection with his direct appeal to this Court from a conviction for sexual assault on a child. (1)

This Court has jurisdiction to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district." Tex. Gov't Code Ann. 22.221(b) (Vernon 2004). In this context, we do not have jurisdiction to issue such a writ against either the court reporter who reported Phillips' case or the district clerk of Red River County.

We deny the petition for writ of mandamus.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: April 24, 2007

Date Decided: April 25, 2007

1. Phillips' direct appeal in cause number 06-06-00018-CR became final, and we issued our mandate February 14, 2007.