In Re Bryan Stallworth v. the State of Texas

IN THE TENTH COURT OF APPEALS

No. 10-24-00235-CR

IN RE BRYAN STALLWORTH

Original Proceeding

From the 12th District Court Walker County, Texas Trial Court No. 30582

MEMORANDUM OPINION

On May 28, 2024, this Court issued a Second Abatement Order in cause number 10-23-00257-CR, in which we ordered the trial court clerk and court reporter to file supplemental records. Bryan Stallworth, acting pro se, has now filed a petition for writ of mandamus seeking to compel the trial court clerk and court reporter to file those supplemental records in cause number 10-23-00257-CR.

First, we do not have jurisdiction to issue a writ of mandamus against a district clerk or court reporter unless necessary to enforce our jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a), (b); In re Strickhausen, 994 S.W.2d 936, 936 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding) (per curiam). Stallworth has not shown that a writ of mandamus directed to the district clerk or court reporter is necessary to enforce our jurisdiction.

Second, on June 10, 2024, in cause number 10-23-00257-CR, the Court received the supplemental clerk’s record ordered by the Second Abatement Order, and on June 28, 2024, in cause number 10-23-00257-CR, the Court received the supplemental reporter’s record of the abatement hearing that was held on June 17, 2024, pursuant to the Second Abatement Order. Stallworth’s petition for writ of mandamus is therefore moot, and appellate courts are prohibited from deciding moot controversies. Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999); see Fouke v. State, 529 S.W.2d 772, 773 (Tex. Crim. App. 1975) (dismissing appeal as moot because defendant voluntarily paid fine and costs complained of in appeal).

For these reasons, Stallworth’s petition for writ of mandamus is dismissed for want of jurisdiction.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Petition dismissed Opinion delivered and filed August 15, 2024 Do not publish [OT06]

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