In re Cody Ledbetter Appeal from 19th District Court of McLennan County (memorandum opinion )
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IN THE TENTH COURT OF APPEALS No. 10-16-00063-CR IN RE CODY LEDBETTER Original Proceeding MEMORANDUM OPINION Relator Cody Ledbetter has filed a “motion for leave to file original petition for writ of mandamus”1 and an “original petition for pre-trial writ of mandamus.”2 The petition seeks mandamus relief in the form of compelling the Respondent trial court judge to perform the allegedly ministerial act of scheduling Ledbetter’s underlying criminal case for trial. The motion for leave is dismissed as moot because motions for leave are no longer required in the courts of appeal. See TEX. R. APP. P. 52.1; cf. id. R. 72.1 (requiring motion for leave in Court of Criminal Appeals). 1 The motion for leave and the petition lack proof of service on the State, which is a real party in interest in this proceeding because it is a party in the underlying criminal case. See id. R. 52.2. A copy of all documents presented to the Court must be served on all parties (i.e., the trial court judge and the State through the district attorney in this proceeding) and must contain proof of service. Id. R. 9.5. To expedite this matter, we invoke Rule of Appellate Procedure 2 to suspend this requirement. Id. R. 2. 2 The petition is denied. See TEX. R. APP. P. 52.8(d). REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins (Chief Justice Gray would request a response. See TEX. R. APP. P. 52.8(b)). Petition denied Opinion delivered and filed March 10, 2016 Do not publish [OT06] In re Ledbetter Page 2
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