In re Glen TateAppeal from 209th District Court of Harris County (memorandum opinion per curiam)

Annotate this Case

Download PDF

Opinion issued September 26, 2013 In The Court of Appeals For The First District of Texas NOS. 01-13-00418-CR & 01-13-00419-CR IN RE GLEN TATE, Relator Original Proceedings on Petition for Writ of Mandamus MEMORANDUM OPINION Relator Glen Tate filed a petition for writ of mandamus asking this Court to compel the trial court to rule on his Motion for the Production of the Court Reporter s Records from the first trial of his offenses, conducted in the 179th District Court, which ended in a mistrial.1 Before we may grant such relief, a relator must establish that the trial court had a legal duty to rule on the motion, the court received and was asked to rule on the motion, and the court failed to do so. In re Keeter, 134 S.W.3d 250, 252 (Tex. App. Waco 2003, orig. proceeding). Tate has not established these elements. We deny the petition for writ of mandamus. Any pending motions are dismissed as moot. PER CURIAM Panel consists of Justices Keyes, Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b). 1 The underlying proceedings are State of Texas v. Tate, Nos. 1309786 & 1309787 (209th District Court, Harris County, Texas), the Honorable Michael McSpadden presiding. 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.