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Do not publish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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