In re Eugene L. Jenkins Appeal from ... of Brazos County (memorandum opinion by visiting justice davis)
Annotate this Case
Download PDF
IN THE TENTH COURT OF APPEALS No. 10-20-00194-CR IN RE EUGENE L. JENKINS Original Proceeding MEMORANDUM OPINION Relator’s Application for Writ of Mandamus is denied.1 REX D. DAVIS Justice 1 Relator includes a motion for leave to file the application for writ of mandamus. A motion for leave to file a petition for writ of mandamus is required when relief by mandamus is sought from the Court of Criminal Appeals. TEX. R. APP. P. 72.1. But the requirement for leave to file a petition for writ of mandamus at the court of appeals level was eliminated in 1997. See TEX. R. APP. P. 52, Notes and Comments. Thus, under the applicable rules, if mandamus relief is sought from an intermediate court of appeals, such as the Tenth Court of Appeals, a motion for leave to file the petition is unnecessary. Accordingly, Relator’s motion for leave to file application for writ of mandamus is dismissed as moot. See In re Dawson, 10-19-00427-CR, 2019 WL 6827566 (Tex. App.—Waco Dec. 11, 2019, orig. proceeding). Before Chief Justice Gray, Justice Davis, and Justice Neill Application for writ of mandamus denied; motion dismissed Opinion delivered and filed July 29, 2020 [OT06] In re Jenkins Page 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.
