In re Tate — Texas appeals court denied mandamus and temporary stays

Case
In re Kevin Louis Tate
Court
Texas Court of Appeals, Ninth District at Beaumont
Judge
Golemon, C.J. (elected 2020); Johnson, J. (Rick Perry, 2013); Wright, J. (elected 2023)
Date Decided
October 28, 2026
Docket No.
09-26-00427-CR
Topics
Mandamus; Criminal Procedure; Suppression; Temporary Relief
Source
Read the full opinion

Background

Kevin Louis Tate, representing himself, sought mandamus relief in connection with a misdemeanor hindering-apprehension charge in Hardin County. Tate alleged that he had filed a combined motion to suppress and dismiss, arguing that the evidence resulted from an unlawful vehicle stop and that the charging instrument should be dismissed for lack of jurisdiction.

Tate also alleged that he was subsequently charged with misdemeanor bail jumping before the trial court resolved his challenge to the hindering-apprehension case. He asked the court of appeals to stay the related proceedings and enforcement of any outstanding warrant, and ultimately to compel the trial court to hold a hearing, rule on his suppression and dismissal motions, and issue written findings and conclusions.

The Court’s Holding

The Ninth Court of Appeals denied Tate’s mandamus petition. The court held that Tate had not shown either that he lacked an adequate remedy at law or that the action he sought to compel was ministerial and involved no discretion, both requirements for mandamus relief.

The court also denied all requests for temporary relief, including Tate’s requested stays of the hindering-apprehension and bail-jumping proceedings and enforcement of any outstanding warrant.

Key Takeaways

  • A criminal defendant seeking mandamus must establish both the absence of an adequate legal remedy and a clear right to a ministerial act.
  • Tate did not satisfy those requirements merely by alleging that the trial court had not yet heard or ruled on his motions.
  • The denial of mandamus relief also left Tate without the temporary stays he requested.

Why It Matters

The decision underscores the demanding standard for obtaining extraordinary relief in a pending criminal case. A relator must demonstrate more than disagreement with the timing or handling of trial-court proceedings; the requested action must be nondiscretionary, and ordinary legal remedies must be inadequate.

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