In Re Charles Brice Chapman, Relator v. the State of Texas
CourtTexas Court of Appeals, 7th District (Amarillo)
Date FiledOctober 26, 2026
Docket07-26-00395-CR
StatusPublished
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Full Opinion
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00395-CR
IN RE CHARLES BRICE CHAPMAN, RELATOR
ORIGINAL PROCEEDING
October 26, 2026
MEMORANDUM OPINION
Before PARKER, C.J., and DOSS and PRATT, JJ.
Relator Charles Brice Chapman, proceeding pro se, has filed a petition for writ of
mandamus seeking an order from this Court compelling the trial court to rule on an
application for writ of habeas corpus and a motion to quash. We deny the petition.
Mandamus is an extraordinary remedy granted only when a relator can show that
(1) the trial court clearly abused its discretion and (2) no adequate appellate remedy
exists. In re H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding)
(per curiam). When seeking mandamus relief, the relator bears the burden of proving
these two requirements. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig.
proceeding). To meet this burden, the relator must provide a record sufficient to establish
his right to mandamus relief. Id. at 837; In re Johnson, No. 06-13-00137-CV, 2014 Tex.
App. LEXIS 52, at *1-2 (Tex. App.—Texarkana Jan. 7, 2014, orig. proceeding) (mem.
op.). The record must include “a certified or sworn copy of the relevant trial court order,
or any other document showing the matter complained of . . . .” TEX. R. APP. P.
52.3(l)(1)(B). Additionally, the relator must provide a record that includes a certified or
sworn copy of every document that is material to his claim and that was filed in any
underlying proceeding. TEX. R. APP. P. 52.7(a)(1).
Chapman has failed to comply with these requirements and has thus failed to
establish his entitlement to relief. While Chapman filed an appendix to his petition, none
of these documents is a “certified or sworn copy of every document that is material to the
relator’s claim for relief . . . .” See TEX. R. APP. P. 52.7(a)(1). Documents may be certified
by the trial court clerk. “Documents become sworn copies when they are attached to an
affidavit or unsworn declaration wherein the affiant or declarant demonstrates under
penalty of perjury that he or she has personal knowledge that the documents attached
are true and correct copies of the originals.” In re Jayroe, No. 05-26-00109-CV, 2026
Tex. App. LEXIS 1199, at *2 (Tex. App.—Dallas Feb. 9, 2026, orig. proceeding) (mem.
op.). Because Chapman’s appendix is not certified and does not invoke the penalty of
perjury, it is insufficient. Id. Further, Chapman’s appendix does not include “a certified
or sworn copy of . . . any other document showing the matter complained of.” TEX. R.
APP. P. 52.3(l)(1)(B). His appendix includes a tab for a copy of the application for writ of
habeas corpus for which he seeks mandamus relief. However, the appendix does not
include a copy of this document. Rather, Chapman indicates that he would supplement
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his appendix with a certified copy of the application. To date, Chapman has not filed any
copy of this application.
A party proceeding pro se is not exempt from complying with the rules of
procedure. Wheeler v. Green, 157 S.W.3d 439, 444 (Tex. 2005) (per curiam).
Chapman’s failure to comply with the requirements of Rule 52 requires denial of the
petition. In re Bolton, No. 07-22-00263-CR, 2022 Tex. App. LEXIS 8000, at *2 (Tex.
App.—Amarillo Oct. 28, 2022, orig. proceeding) (mem. op., not designated for
publication).
Consequently, we deny Chapman’s petition for writ of mandamus.
Judy C. Parker
Chief Justice
Do not publish.
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