In Re Kevin Nichols v. the State of Texas
CourtTexas Court of Appeals, 8th District (El Paso)
Date FiledJuly 31, 2026
Docket08-26-00242-CR
StatusPublished
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Full Opinion
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
โโโโโโโโโโโโ
No. 08-26-00242-CR
โโโโโโโโโโโโ
In re Kevin Nichols
AN ORIGINAL PROCEEDING IN MANDAMUS
M E MO RA N D UM O PI NI O N
Relator, Kevin Nichols, filed a handwritten document in which he requests, among other
things, โother extraordinary relief.โ1 We construe the document as a petition initiating an original
appellate proceeding.2 See Tex. R. App. P. 52.1 (stating that a petition filed in an appellate court
seeking extraordinary relief, such as a writ of mandamus or quo warranto, commences as an
original appellate proceeding).
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In the petition, Nichols complains about the lack of probable cause for his arrest, the length of his detention,
inaccurate jail records for his time served, and plea agreement with the State. He further states that he would like to
โfile chargesโ against various individuals.
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We note that Nicholsโ petition does not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.4,
9.5, 52.3, 52.7.
After consideration, the Court has determined that Nichols is not entitled to the relief
sought. Accordingly, we deny the petition. See, e.g., In re Nichols, No. 08-26-00135-CR, 2026 WL
936138, at *1 (Tex. App.โEl Paso April 6, 2026, orig. proceeding) (mem. op., not designated for
publication) (denying petition for writ of mandamus requesting that this Court โFile Overbreath
[sic] doctrine forโ the trial court judge); In re Nichols, No. 08-26-00091-CR, 2026 WL 550061, at
*1 (Tex. App.โEl Paso Feb. 26, 2026, orig. proceeding) (mem. op., not designated for publication)
(dismissing for want of jurisdiction petition requesting that this Court initiate or compel the
initiation of criminal charges against named persons); In re Nichols, No. 08-25-00197-CR, 2025
WL 2166439, at *1 (Tex. App.โEl Paso July 30, 2025, orig. proceeding) (mem. op., not
designated for publication) (dismissing for want of jurisdiction petition requesting that this Court
file federal charges against identified persons). Any pending motions are dismissed as moot.
GINA M. PALAFOX, Justice
July 31, 2026
Before Salas Mendoza, C.J., Palafox and Soto, JJ.
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