What is a petition for writ of mandamus in Texas?

In Texas, mandamus relief is considered an extraordinary remedy. Essentially, the relator, or party seeking such relief, can file a petition for a writ of mandamus if they want to challenge an order issued by a trial court but lack sufficient remedy by appeal.

What is the purpose of a writ of mandamus?

A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. When filing a petition for writ of mandamus, you must show that you have no other remedy available.

Can the Supreme Court write a writ of mandamus?

The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in ance with the law).

What is the writ of mandamus in Texas?

This writ is issued by a court to compel performance of a particular act by a lower court or a governmental officer or body, usually to correct a prior action or failure to act. (Black's Law Dictionary, 11th ed.)

Why did the Supreme Court refuse to issue writs of mandamus?

While a section of the Judiciary Act of 1789 granted the Court the power to issue writs of mandamus, the Court ruled that this exceeded the authority allotted the Court under Article III of the Constitution and was therefore null and void.

What is the purpose of a writ of habeas corpus in Texas?

An application for a writ of habeas corpus asks a court to overturn your conviction because of a state or federal constitutional violation. Unlike a direct appeal, there is no deadline for filing a writ in state court. You do not need to give notice within thirty days of your sentence.

What does petition for writ of mandamus mean?

A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. When filing a petition for writ of mandamus, you must show that you have no other remedy available. A writ of mandamus is different from an appeal.

What is the purpose of writs of mandamus on which the Texas Supreme Court sometimes acts?

This writ is issued by a court to compel performance of a particular act by a lower court or a governmental officer or body, usually to correct a prior action or failure to act. (Black's Law Dictionary, 11th ed.)

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Petition For Writ Of Mandamus -- Carrie Dean - Supreme Court Of Texas

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E 302nd District Court of Dallas County, Texas No. 11-03285 (Hon. Tena Callahan) Petition for Writ of Mandamus Respectfully Submitted, M CC URLEY O RSINGER, M CC URLEY N ELSON & D OWNING, L.L.P. T HE A NDERSON L AW G ROUP, P. C. B RAD M. L AM ORGESE Texas Bar No. 00796918 5950 Sherry Lane, Ste. 800 Dallas, Texas 75225 (214) 273-2400 (214) 273-2470 (fax) brad momnd.com Jeffrey O. Anderson Texas Bar No. 00790232 15301 Dallas Parkway, Suite 250 Dallas, Texas 75001 (972) 248-8383 (972) 248-0492.

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