In Re: Marvin Dean Goodson--Appeal from 124th District Court of Gregg County

NO. 12-05-00267-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: MARVIN DEAN GOODSON, ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

On September 1, 2005, Relator Marvin Dean Goodson filed a petition for writ of mandamus seeking his release from illegal confinement based upon his contention that he received an unfair trial and was denied due process and assistance of counsel. We may grant mandamus relief if a relator demonstrates that the act sought to be compelled is purely ministerial under the relevant facts and law and that the relator has no other adequate legal remedy. State ex rel. Hill v. Fifth Court of Appeals, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001).

In this case, Relator has not shown that his release is purely ministerial or that he cannot raise the issues through regular appeal. Moreover, Relator has not shown that habeas corpus is an inadequate remedy at law. See Banales v. Thirteenth Court of Appeals, 93 S.W.3d 33, 36 (Tex. Crim. App. 2002). Accordingly, the petition for writ of mandamus is denied, and all pending motions are overruled as moot.

JAMES T. WORTHEN

Chief Justice

Opinion delivered September 30, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)