In Re Joey Ross Carico v. the State of Texas
CourtTexas Court of Appeals, 6th District (Texarkana)
Date FiledMay 21, 2026
Docket06-26-00098-CR
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-26-00098-CR
IN RE JOEY ROSS CARICO
Original Mandamus Proceeding
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice Rambin
MEMORANDUM OPINION
Joey Ross Carico has filed a petition for a writ of mandamus asking this Court to compel
the Honorable F. Duncan Thomas, assigned judge for this matter in the 6th Judicial District
Court of Lamar County, Texas, to (1) immediately set his pending application for writ of habeas
corpus and amendment of bond conditions for an evidentiary hearing; (2) issue an Article 11
Order compelling appearance and testimony of five Paris Police Department officers identified in
the motion; and (3) review the G-file of the State’s principal law-enforcement witness and rule
on its disclosure to the defense.
We deny Carico’s petition because he has failed to comply with the Texas Rules of
Appellate Procedure. Among other things, Carico’s petition lacks the required certification that
he “has reviewed the petition and concluded that every factual statement in the petition is
supported by competent evidence included in the appendix or record.” TEX. R. APP. P 52.3(k);
see CMH Homes v. Perez, 340 S.W.3d 444, 453 n.8 (Tex. 2011) (expressing confidence that the
briefing would be revised to “fully comply with Rule 52 on remand to the court of appeals”); In
re Accident Fund Gen. Ins. Co., 543 S.W.3d 750, 752 (Tex. 2017) (per curiam) (orig.
proceeding) (denying a petition for non-compliance with Rules 52.1, 52.3(e), and 52.7 of the
Texas Rules of Appellate Procedure).
Carico has failed to comply with additional mandatory requirements for relief identified
by Rule 52.3 of the Texas Rules of Appellate Procedure; namely, he has failed to provide the
identity of the parties and counsel, a table of contents, and a table of authorities. See TEX. R.
2
APP. P. 52.3(b)–(d). Further, the orders included in Carico’s appendix are neither certified nor
sworn. See TEX. R. APP. P. 52.3(l).
“‘Because the record in a mandamus proceeding is assembled by the parties,’ we must
‘strictly enforce[] the authentication requirements of rule 52 to ensure the integrity of the
mandamus record.’” In re Long, 607 S.W.3d 443, 445 (Tex. App.—Texarkana 2020, orig.
proceeding) (alteration in original) (quoting In re Smith, No. 05-19-00268-CV, 2019 WL
1305970, at *1 (Tex. App.—Dallas Mar. 22, 2019, orig. proceeding) (mem. op.)); see TEX. R.
APP. P. 52.3, 52.7.
For the foregoing reasons, we conclude that Carico has failed to comply with the Texas
Rules of Appellate Procedure and has not met his burden to provide a record sufficient to show
himself entitled to mandamus relief.
We deny Carico’s petition for a writ of mandamus.1
Jeff Rambin
Justice
Date Submitted: May 20, 2026
Date Decided: May 21, 2026
Do Not Publish
1
The denial of the petition renders moot all motions and requests attendant to the petition.
3