In Re Johnathan Arthurton v. the State of Texas

Court of Appeals
Tenth Appellate District of Texas

10-25-00405-CR
10-25-00406-CR

In re Johnathan Arthurton

Original Proceeding

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

Relator Johnathan Arthurton, acting pro se, filed petitions for writ of

mandamus requesting this Court to compel Jessica Escue, a Brazos County

Assistant District Attorney, to (1) provide or certify the existence of certain

information pursuant to article 39.14 of the Code of Criminal Procedure and

Brady v. Maryland, 373 U.S. 83 (1963), and (2) file a written statement

confirming whether the discovery practices of the Brazos County District

Attorney’s Office are conducted in good faith and consistent with the equal

protection guarantees of 42 U.S.C. § 1981.

This Court does not have jurisdiction to issue a writ of mandamus

against an assistant district attorney unless it is necessary to enforce our
jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a), (b), (c); see also Garner v.

Gately, 909 S.W.2d 61, 62 (Tex. App.—Waco 1995, orig. proceeding). Relator

has not shown that the requested relief is necessary to enforce our appellate

jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a). Therefore, we lack

jurisdiction to issue writs of mandamus against Assistant District Attorney

Jessica Escue.

We dismiss Relator’s petitions for writ of mandamus for want of

jurisdiction.

STEVE SMITH
Justice

OPINION DELIVERED and FILED: November 26, 2025
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Petitions dismissed
Do not publish
OT06

In re Johnathan Arthurton Page 2

Court of Appeals
Tenth Appellate District of Texas

10-25-00405-CR
10-25-00406-CR

In re Johnathan Arthurton

Original Proceeding

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

Relator Johnathan Arthurton, acting pro se, filed petitions for writ of

mandamus requesting this Court to compel Jessica Escue, a Brazos County

Assistant District Attorney, to (1) provide or certify the existence of certain

information pursuant to article 39.14 of the Code of Criminal Procedure and

Brady v. Maryland, 373 U.S. 83 (1963), and (2) file a written statement

confirming whether the discovery practices of the Brazos County District

Attorney’s Office are conducted in good faith and consistent with the equal

protection guarantees of 42 U.S.C. § 1981.

This Court does not have jurisdiction to issue a writ of mandamus

against an assistant district attorney unless it is necessary to enforce our
jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a), (b), (c); see also Garner v.

Gately, 909 S.W.2d 61, 62 (Tex. App.—Waco 1995, orig. proceeding). Relator

has not shown that the requested relief is necessary to enforce our appellate

jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a). Therefore, we lack

jurisdiction to issue writs of mandamus against Assistant District Attorney

Jessica Escue.

We dismiss Relator’s petitions for writ of mandamus for want of

jurisdiction.

STEVE SMITH
Justice

OPINION DELIVERED and FILED: November 26, 2025
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Petitions dismissed
Do not publish
OT06

In re Johnathan Arthurton Page 2