In Re: Imari Askari Mujihad Islam--Appeal from 145th District Court of Nacogdoches County

NO. 12-04-00110-CV
NO. 12-04-00111-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

IN RE: IMARI ASKARI MUJIHAD ISLAM,

 
ORIGINAL PROCEEDING

RELATOR

 
MEMORANDUM OPINION

Relator seeks a writ of mandamus requiring the trial court to follow the procedure set out in article 11.07 of the Texas Code of Criminal Procedure pertaining to the disposition of a post-conviction application for writ of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004).

A party seeking mandamus relief must generally bring forward all that is necessary to establish the claim for relief. See Tex. R. App. P. 52. This includes providing an adequate record to substantiate the allegations contained in the petition for mandamus. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Without a sufficient record, a party seeking mandamus relief has not proved any entitlement to the writ. Id. Relator's motion does not comply with rules 52.3 and 52.7 of the Texas Rules of Appellate Procedure. Therefore, we are unable to determine that he is entitled to relief. Accordingly, Relator's petition for writ of mandamus is denied.

JAMES T. WORTHEN

Chief Justice

Opinion delivered April 14, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

 
(PUBLISH)