Garner v. Gately
| Decision Date | 28 June 1995 |
| Docket Number | No. 10-95-203-CR,10-95-203-CR |
| Citation | 909 S.W.2d 61 |
| Parties | Richard Lee GARNER, Relator, v. Sandy S. GATELY, District Attorney, Coryell County, Texas, Respondent. |
| Court | Texas Court of Appeals |
Richard Lee Garner, Gatesville, for relator.
Sandy S. Gately, District Attorney, Gatesville, for respondent.
Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.
Richard Lee Garner asks us for leave to file a petition for a writ of mandamus compelling Sandy Gately, the district attorney of Coryell County, to produce the full names, birth dates, and "racial makeup" of the grand jury. Garner asserts that he made a request under the Open Records Act and that Gately has refused to provide the information. See TEX. GOV'T CODE ANN. §§ 552.001-552.353 (Vernon 1994).
Garner asserts that this court has jurisdiction to issue a writ by virtue of section 22.221(b) of the Government Code. See id. § 22.221(b) (Vernon 1988). A court of appeals may issue "all writs of mandamus, agreeable to the principles of law regulating those writs, against a judge of a district or county court in the court of appeals district." Id. Gately is not a trial judge within our district; thus, under section 22.221(b), we do not have jurisdiction to issue a writ directed at her. See id.
The Open Records Act provides for mandamus in certain circumstances. Id. § 552.321. However, this provision does not grant original jurisdiction to the courts of appeals to issue such writs. Id.; Johnson v. Lynaugh, 789 S.W.2d 704, 705-06 (Tex.App.--Houston [1st. Dist.] 1990, orig. proceeding).
We lack jurisdiction and thus deny leave to file the petition for writ of mandamus. See TEX. GOV'T CODE ANN. § 22.221(b). We express no opinion on the merits of Garner's request under the Open Records Act.
THOMAS, C.J., not participating.
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In re Phetvongkham
...seeking to compel trial court to rule on motion to obtain records and transcript); In re Chavez, 62 S.W.3d at 227-29 (same); Garner v. Gately, 909 S.W.2d 61, 62 (Tex. App.—Waco 1995, orig. proceeding) (holding that former open Records Act authorized mandamus proceedings but did not grant or......
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In re Mays
...attorney's office or a court reporter unless they are interfering with our appellate jurisdiction. See id. § 22.221(a), (b); Garner v. Gately, 909 S.W.2d 61, 62 (Tex. App.—Waco 1995, orig. proceeding) (holding no jurisdiction over district attorney); Lesikar v. Anthony, 750 S.W.2d 338, 339 ......
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In re Cole
...Finally, this Court lacks authority to issue a writ of mandamus against a district attorney or assistant district attorneys. Garner v. Gately, 909 S.W.2d 61,62 (Tex. App.—Waco 1995, orig. proceeding); see also In re Mays, No. 11-14-00310-CR, 2014 WL 6603371, at *1 (Tex. App.—Eastland Nov. 2......
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In re Benavides
...thus absent circumstances not present in this case, we have no jurisdiction to issue a writ of mandamus directed at her. Garner v. Gately, 909 S.W.2d 61, 62 (Tex. App.—Waco 1995, orig. proceeding); TEX. GOV'T CODE ANN. § 22.221(b) (West 2004). Moreover, because relator's complaint is a coll......