In Re Kevin Louis Tate v. the State of Texas
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledOctober 28, 2026
Docket09-26-00427-CR
StatusPublished
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Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-26-00427-CR
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IN RE KEVIN LOUIS TATE
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Original Proceeding
County Court of Hardin County, Texas
Trial Cause No. 78561
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MEMORANDUM OPINION
Relator Kevin Louis Tate, a self-represented party, filed a petition for a writ
of mandamus. Tate alleges he has been charged in Trial Court Cause Number 78561
with a misdemeanor offense of hindering apprehension. Tate complains that on
September 11, 2026, he filed a combined Motion to Suppress and to Dismiss in
which he contends the evidence against him was seized pursuant to an illegal stop.
Tate contends the officer stopped the vehicle solely to check the license or
registration of a vehicle with “private” license plates being used for “private travel[]”
and that the charging instrument for hindering apprehension must be dismissed for
lack of jurisdiction because it is “unsupported by the record[]” and “contrary to
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law[.]” Tate complains that on September 17, 2026, he was also charged with the
misdemeanor offense of bail jumping in Trial Court Cause Number 79379 before
the trial court resolved Tate’s “jurisdictional” challenge to Cause Number 78561.
On October 9, 2026, Tate filed Defendant’s Objection to Proceeding on the Merits,
Issuance of a Warrant, and New Charge of Bail Jumping in Cause Number 78561.
Tate asks this Court to temporarily stay all further proceedings in Cause
Number 78561, stay all proceedings relating to the bail jumping charge, and stay
enforcement of any outstanding warrant pending disposition of the mandamus
petition, and Tate asks that as mandamus relief on final disposition that we compel
the trial court to conduct a hearing and rule on Tate’s Motion to Suppress and Motion
to Dismiss and make written findings and conclusions thereon for appellate review.
Tate has not shown that he has no adequate remedy at law and that the act he
seeks to compel is ministerial, involving no discretion. In re State ex rel. Best, 616
S.W.3d 594, 599 (Tex. Crim. App. 2021) (orig. proceeding). We deny the petition
for a writ of mandamus and any requests for temporary relief. See Tex. R. App. P.
52.8(a), 52.10.
PETITION DENIED.
PER CURIAM
Submitted on October 27, 2026
Opinion Delivered October 28, 2026
Do Not Publish
Before Golemon, C.J., Johnson and Wright, JJ.
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