In Re: Alex Perry Neal Appeal from County Court at Law No. 5 of Collin County (memorandum opinion)

Annotate this Case

Download PDF

DENIED and Opinion Filed November 19, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01391-CV IN RE ALEX PERRY NEAL, RELATOR Original Proceeding from the County Court at Law No. 5 Collin County, Texas Trial Court Cause No. 005-84128-2019 MEMORANDUM OPINION Before Justices Myers, Molberg and Nowell Opinion by Justice Myers Alex Neal has filed an original application for writ of mandamus in this Court challenging the timing of his arraignment, the basis for multiple charges against him, the legality of a search connected to his arrest, and venue for the proceedings below. Entitlement to mandamus relief regarding pre-trial criminal matters requires relator to demonstrate that he lacks an adequate remedy at law and the act he seeks to compel is ministerial rather than discretionary. Dickens v. Court of Appeals For Second Supreme Judicial Dist. of Texas, 727 S.W.2d 542, 548– 49 (Tex. Crim. App. 1987). Additionally, a writ addressing pre-trial matters in criminal cases may also issue to correct a “clear abuse of discretion” by the trial court. Id. at 549–550. After reviewing the petition for writ of mandamus and the applicable law, we conclude relator has not shown he is entitled to the relief requested. Accordingly, we deny relator’s 1 petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought). /Lana Myers/ LANA MYERS JUSTICE 191391F.P05 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.