                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-15-00422-CR
                            ____________________


                           IN RE CAROL ANN DAVIS

________________________________________________________________________

                              Original Proceeding
              359th District Court of Montgomery County, Texas
                       Trial Cause No. 13-03-02547-CR
_______________________________________________________________________

                          MEMORANDUM OPINION

      In a petition for a writ of mandamus or prohibition, Carol Ann Davis asks

that we compel the judge of the 359th District Court of Montgomery County to

stay her trial pending the Court’s resolution of Davis’s appeal of the denial of her

pre-trial application for a writ of habeas corpus. 1 After reviewing the petition and

appendix, we conclude Davis has failed to establish that the trial court either

denied a motion that it had a ministerial duty to grant or refused to rule on a motion

      1
       See generally Ex parte Davis, No. 09-15-00063-CR, 2015 WL 6121521, at
*1 (Tex. App.—Beaumont Oct. 14, 2015, no pet. h.) (mem. op., not designated for
publication).
                                          1
properly filed and before the court. Davis has not shown that she has a clear right

to the relief sought under “unequivocal, well-settled . . . and clearly controlling

legal principles.” Simon v. Levario, 306 S.W.3d 318, 320 (Tex. Crim. App. 2009).

Accordingly, we deny the petition. See Tex. R. App. P. 52.8(a).

      PETITION DENIED.


                                                              PER CURIAM


Submitted on October 27, 2015
Opinion Delivered October 28, 2015
Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.




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