Friday, January 16, 2009

JUAN GUERRA’S FINAL HURRAH DISMISSED BY THE COURT OF APPEALS AS MOOT

Sorry for so many posts today.

"Relator's petition presents issues that are important to the jurisprudence of the state and that merit serious consideration. Had Relator filed in a timely fashion, this Court could have acted on the petition. (2) However, Relator's delay in filing his mandamus petition made it impossible for this Court to take timely, effective action. Tex. R. App. P. 52.8(b) (before granting mandamus relief, Court must request a response to the petition); id. 52.8(d) (when granting relief, the Court must hand down a written opinion as in any other case). Specifically, this matter has been rendered moot by the passage of time and the electoral process. See, e.g., Correa v. First Court of Appeals, 795 S.W.2d 704, 705 (Tex. 1990) (orig. proceeding)."

I met with Juan Guerra on November 25,2008. I subsequently forwarded all of the case law he needed to get an immediate stay of Judge Banales order removing him from the case. As the Court of Appeals notes, he waited until the 11th hour to seek relief.

He had the win, ""Relator's petition presents issues that are important to the jurisprudence of the state and that merit serious consideration.’ He just did not have the competence.

It is sad BISD’s lawyers are taking the same path. A mandamus is not hard. I could prepare the mandamus in the BISD case in less than an hour (for free), with both of my arms wrapped in bandages. This is assuming Judge Euresti in fact enjoined defamatory speech.

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