Seattle, WA asked in Criminal Law for Texas

Q: Is it a law that once the results of a chapter 64 are received, the trial judge must automatically hold a hearing?

The judge never held the hearing. Is it true that in order to submit a mandamus to get the the judge to follow that law someone has to request the judge to follow that law?

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1 Lawyer Answer
John Cucci Jr.
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  • Criminal Law Lawyer
  • Houston, TX

A: Article 64.03 of the TX Criminal procedure law states what actions the court MAY take.

Your question does not state which method you used to ask for the testing of DNA materials in your case.

Do you have a lawyer that filed the Art. 64 motion?

In any event, if a District Court will not take action when it is obligated to, you can file a Mandamus proceeding. There are strict rules for a mandamus. Please get a good lawyer for this or read all the rules carefully before you make another move.

I hope this helps.

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