Thomas Neveu, Relator v. the Honorable Thomas R. Culver, Iii, Judge 240th District Court of Fort Bend County…

Summary

The Court conditionally granted the relator’s petition for a writ of mandamus, ordering the trial judge to determine the relator’s indigence and, if indigent, to appoint counsel for his DNA‑testing motion. The Court held that appointment of counsel under Article 64.01(c) is a purely ministerial act and that the relator has no adequate legal remedy because the statute provides no right of appeal on indigence determinations.