In Re: Michael Whaley--Appeal from of County

6-96-028-CV Long Trusts v. Dowd In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-03-00035-CV
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IN RE: MICHAEL WHALEY

Original Mandamus Proceeding

 

 

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

 

MEMORANDUM OPINION

 

Michael Whaley has filed a petition for writ of mandamus in which he asks this Court to find evidence as described in his petition insufficient to find him guilty in a disciplinary proceeding conducted by employees of the Texas Department of Criminal Justice-Institutional Division. He also complains his "counsel substitute" was not allowed to question witnesses.

This Court has jurisdiction to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district." Tex. Gov't Code Ann. 22.221(b) (Vernon Supp. 2003). This petition for writ of mandamus is not directed at an individual over whom this Court has jurisdiction to issue such a writ. Without jurisdiction, we cannot act.

We deny the petition for writ of mandamus.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: March 7, 2003

Date Decided: March 10, 2003