In Re: Calvin Yarbrough--Appeal from 71st District Court of Harrison County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-11-00096-CR ______________________________ IN RE: CALVIN YARBROUGH Original Mandamus Proceeding Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Calvin Yarbrough has filed a document with this Court that we deem to be a request for relief through a petition for writ of mandamus. He has no pending appeal, but asks us to order the Harrison County District Clerk to produce and provide him with a complete certified transcription of the grand jury minutes, presumably from the cause underlying his 2005 conviction for aggravated assault. 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 2004). In this context, the relief sought by Yarbrough against a district clerk is not within the jurisdictional authority of this Court. We deny the petition for writ of mandamus. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: May 17, 2011 May 18, 2011 Do Not Publish 2

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