In Re Alton W. Crain v. the State of Texas
Docket 04-26-00254-CV
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- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 4th District (San Antonio)
- Type
- Lead Opinion
- Case type
- Other
- Disposition
- Denied
- Docket
- 04-26-00254-CV
Original proceeding: petition for writ of mandamus filed in the court of appeals to challenge matters in a pending county court at law case
Summary
The Fourth Court of Appeals in San Antonio considered Alton Crain Jr.'s petition for a writ of mandamus seeking extraordinary relief related to a pending county court case. After reviewing the petition and record, the court concluded Crain did not show entitlement to the requested relief under the appellate rules and denied the petition. The opinion is brief and delivers the disposition without extended analysis or citation to underlying facts or legal authorities.
Issue Decided
- Whether the relator established entitlement to mandamus relief under the Texas Rules of Appellate Procedure
Court's Reasoning
The court determined from the petition and the record that the relator failed to meet the burden required for extraordinary relief. Under the appellate rule cited (Texas Rule of Appellate Procedure 52.8(a)), the relator must demonstrate a clear right to the relief requested, which Crain did not do. Because the required showing was not made, the court denied the petition.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 52.8(a)
Parties
- Petitioner
- Alton W. Crain
- Respondent
- Mike Murach
- Judge
- Cesar Garcia
Key Dates
- Mandamus petition filed
- 2026-03-30
- Opinion delivered and filed
- 2026-04-08
What You Should Do Next
- 1
Consult counsel about county court strategy
Crain should discuss with his attorney how to proceed in the underlying county court case now that mandamus relief was denied.
- 2
Consider alternative appellate remedies
If appropriate, explore whether to seek review by the Texas Supreme Court or pursue any available interlocutory appeals related to the specific orders at issue.
- 3
Preserve record and deadlines
Ensure the trial-court record and any deadlines for appeals or motions in the county court are preserved and met to maintain appellate options.
Frequently Asked Questions
- What did the court decide?
- The court denied Alton Crain Jr.'s petition for a writ of mandamus because he did not prove he was entitled to extraordinary relief.
- Who is affected by this decision?
- The decision affects the relator, Alton Crain Jr., and the respondent, Mike Murach; it leaves the underlying county court case undisturbed by mandamus relief.
- What does this mean for the underlying case?
- Because the petition was denied, the county court proceedings continue without the relief Crain sought from the appellate court.
- Can this decision be appealed?
- Mandamus denials by an intermediate court are generally not appealable in the same way as final judgments; the relator may consider other extraordinary remedies or seek relief in the Texas Supreme Court, but options are limited.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00254-CV
IN RE Alton W. CRAIN
Original Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Adrian A. Spears II, Justice
Delivered and Filed: April 8, 2026
PETITION FOR WRIT OF MANDAMUS DENIED
Relator, Alton Crain, Jr., filed his petition for writ of mandamus on March 30, 2026.
Having considered the petition and accompanying record, we have determined that Crain has not
established that he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a). The petition for
writ of mandamus is denied.
PER CURIAM
This proceeding arises out of Cause No. 2024-CV-03445, styled Alton Crain Jr. v. Mike Murach, pending in the
1
County Court at Law No. 3, Bexar County, Texas, the Honorable Cesar Garcia presiding.