In Re: Rashaan Golden--Appeal from 114th District Court of Smith County
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NO. 12-11-00181-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS IN RE: § RASHAAN GOLDEN, § RELATOR § ORIGINAL PROCEEDING MEMORANDUM OPINION Relator Rashaan Golden complains that he has filed a recusal motion in connection with a postconviction writ of habeas corpus and that the trial court has failed to rule on it. He seeks a writ of mandamus from this court directing the judge presiding in the trial court to either recuse herself from Relator s postconviction habeas proceedings or request the presiding judge of the administrative region to assign a judge to hear Relator s recusal motion. See generally TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2010); TEX. R. CIV. P. 18a. Courts of appeals have no authority to issue writs of mandamus in criminal law matters pertaining to proceedings under Article 11.07. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (Vernon Supp. 2010). Therefore, complaints regarding the trial court s failure to address a recusal motion filed in a postconviction habeas proceeding should be addressed to the court of criminal appeals. See Ex parte Sinegar, 324 S.W.3d 578, 580 (Tex. Crim. App. 2010) (citing Ex parte Sinegar, No. AP-76-340, slip op., 2010 WL 1794960 (Tex. Crim. App. May 5, 2010) (not designated for publication)) (addressing complaint regarding failure to act on motion to recuse filed in a postconviction habeas proceeding). Accordingly, we dismiss Relator s petition for writ of mandamus. BRIAN HOYLE Justice Opinion delivered July 13, 2011. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH)
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