In Re Robert Edward Battaile v. the State of Texas

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
November 4, 2025.

In The

Fifteenth Court of Appeals
____________
NO. 15-25-00153-CV
____________
IN RE ROBERT EDWARD BATTAILE, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
459th District Court
Travis County, Texas
Trial Court Cause No. D-1-GN-25-000719

MEMORANDUM OPINION

Relator Robert Edward Battaile has filed a petition in this Court seeking
writs of mandamus against Ken Paxton, Attorney General of the State of Texas,
and Jane Nelson, Texas Secretary of State.

Each court of appeals, including this Court, has authority to issue writs of
mandamus “against a judge of district, statutory county, statutory probate county,
or county court in the court of appeals district.” Tex. Gov’t Code § 22.221(b); see
also id. § 22.002(c) (“Only the supreme court has the authority to issue a writ of
mandamus . . . against of the officers of the executive departments of the
government of this state[.]”).1 In addition, each court of appeals may issue writs of
mandamus “and all other writs necessary to enforce the jurisdiction of the court.”
Id. § 22.221(a). Here, Battaile has not shown that the mandamus relief requested is
necessary to enforce the jurisdiction of this Court, and we are not authorized to
issue writs of mandamus against the attorney general or the secretary of state.
Consequently, we lack jurisdiction to issue the writs of mandamus requested by
Battaile.

We dismiss relator’s petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Brister and Justices Field and Farris.

1
In addition, the original jurisdiction of this Court to issue writs “is limited to writs arising out of matters over
which the court has exclusive intermediate appellate jurisdiction under Section 22.220(d) [of the Government
Code].” Tex. Gov’t Code § 22.221(c-1).

2