Court of Criminal Appeals of Texas

Ismael H. Padilla, Petitioner v. Lana Rolf McDaniel, Judge, 203rd Judicial District Court, Respondent

December 3, 20032003 Tex. Crim. App. LEXIS 911

Summary

The Court of Criminal Appeals held that when both it and the intermediate courts of appeals have concurrent original jurisdiction over a petition for a writ of mandamus against a district or county judge, the petition must first be presented to the court of appeals unless a compelling reason exists. Accordingly, the petition for mandamus filed by Padilla was denied, but he may file the petition in the appropriate court of appeals.