In Re: James Lee Sweed--Appeal from 327th District Court of El Paso County

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Becker v. State /**/

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

 

IN RE: JAMES LEE SWEED,

 

Relator.

 

 

No. 08-06-00305-CV

 

AN ORIGINAL PROCEEDING

 

IN MANDAMUS

 

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator James Lee Sweed asks this Court to issue a writ of mandamus against the Honorable Linda Chew, Judge of the 327th District Court, El Paso County, Texas, to compel the trial court to rule on his motions in cause number 2005-5646. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992)(orig. proceeding). Moreover, there must be no other adequate remedy at law. Id. Based on the record before us, we are unable to conclude that Respondent clearly abused her discretion or that Relator has no other adequate remedy. The petition for writ of mandamus is denied.

KENNETH R. CARR, Justice

November 30, 2006

 

Before Chew, C.J., McClure, and Carr, JJ.

Chew, C.J., not participating

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