ministerial act requirement (Texas) · Go Syfert
← Texas issues

ministerial act requirement in Texas

77 Texas opinions name it 3 courts 1987–2025 18 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
Bonilla, Rosaligreen
texcrimapp · 2014 · cited in 17 Texas opinions naming this issue, 2015–2023
2 sentences

2023The ministerial-act requirement “is satisfied if the relator can show a clear right to the relief sought,” which “is shown when the facts and circumstances dictate but one rational decision under unequivocal, well-settled . . ., and clearly controlling legal principles.” Bonilla, 424 S.W.3d at 533 .

2023The ministerial-act requirement “is satisfied if the relator can show a clear right to the relief sought,” which “is shown when the facts and circumstances dictate but one rational decision under unequivocal, well-settled . . . , and clearly controlling legal principles.” Bonilla, 424 S.W.3d at 533 .

917
In Re STATE of Texas Ex Rel. David P. WEEKSgreen
texcrimapp · 2013 · cited in 31 Texas opinions naming this issue, 2013–2025
2 sentences

2024“The ministerial-act requirement is satisfied if the relator can show a clear right to the relief sought.” Id.

2021App. 1981)). –4– “The ministerial-act requirement is satisfied if the relator can show a clear right to the relief sought.” Weeks, 391 S.W.3d at 122 .1 Equitable principles are necessarily involved when we consider whether mandamus should issue.

531
State Ex Rel. Rodriguez v. Marquezgreen
texcrimapp · 1999 · cited in 3 Texas opinions naming this issue, 2001–2012
2 sentences

2012Rodriguez v. Marquez, 4 S.W.3d 227, 228 (Tex. Crim.App.1999); Buntion v. Harmon, 827 S.W.2d 945 , 947 & 947 n. 2 (Tex. Crim.App.1992); State ex rel.

2001Rodriguez v. Marquez, 4 S.W.3d 227, 228 (Tex.Crim.

33
Bowen v. Carnesgreen
texcrimapp · 2011 · cited in 3 Texas opinions naming this issue, 2014–2024
2 sentences

2024“A clear right to the [requested] relief is shown when the facts and circumstances [require] but one rational decision ‘under unequivocal, well-settled (i.e., from extant statutory, constitutional, or case law sources), and clearly controlling legal principles.’” Id. (quoting Bowen v. Carnes, 343 S.W.3d 805, 810 (Tex. Crim.

2019A clear right to the relief sought is established “when the facts and circumstances dictate but one rational decision under unequivocal, well-settled (i.e., from extant statutory, constitutional, or case law sources), and clearly controlling legal principles.” Bowen v. Carnes, 343 S.W.3d 805, 810 (Tex. Crim.

23
Simon v. Levariogreen
texcrimapp · 2009 · cited in 2 Texas opinions naming this issue, 2017–2025
2 sentences

2025App. 2007) (the ministerial act requirement “is satisfied if the relator can show he has ‘a clear right to the relief sought’—that is to say, ‘when the facts and circumstances dictate but one rational decision’ under unequivocal, well-settled (i.e., from extant statutory, constitutional, or case law sources), and clearly controlling legal principles.”); see also Simon v. Levario, 306 S.W.3d 318, 321 (Tex. Crim.

2017App. 2015) (citing Simon v. Levario, 306 S.W.3d 318, 320 (Tex. Crim.

22
State Ex Rel. Curry v. Graygreen
texcrimapp · 1987 · cited in 2 Texas opinions naming this issue, 2001–2001
2 sentences

2001Curry v. Gray, 726 S.W.2d 125, 128 (Tex.Crim.App.1987) (opinion on reh’g) (citations omitted). 3 We have also described the ministerial act requirement as a requirement that the relator have “a clear right to the relief sought.” State ex rel.

2001Curry v. Gray, 726 S.W.2d 125, 128 (Tex.Crim.App.1987) (opinion on reh'g) (citations omitted). [3] We have also described the ministerial act requirement as a requirement that the relator have "a clear right to the relief sought." State ex rel.

22
State Ex Rel. Hill v. Court of Appeals for the Fifth Districtgreen
texcrimapp · 2001 · cited in 6 Texas opinions naming this issue, 2002–2015
2 sentences

2007The court of criminal appeals has described the ministerial act requirement as a requirement that the relator have “a clear right to the relief sought.” Id.

2002Lee could have satisfied this ministerial act requirement by demonstrating-to respondent “a clear right to the relief sought.” See id.

16
Medina, Hector Rolandogreen
texcrimapp · 2015 · cited in 2 Texas opinions naming this issue, 2017–2021
2 sentences

2021Medina, 475 S.W.3d at 297 .

2017With respect to the ministerial-act requirement, an act is considered ministerial if it “does not involve a discretionary or judicial decision.” In re Medina, 475 S.W.3d 291, 298 (Tex. Crim.

12
Ex Parte Watsongreen
texcrimapp · 1980 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023The Court also relies on Ex parte Watson, 601 S.W.2d 350, 351 (Tex. Crim.

11
Walker v. Packergreen
tex · 1992 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021App. 2016) (noting that “the appealing party carries the burden to ensure that the record on appeal is sufficient to resolve the issues presented” and that “the failure to provide a sufficient appellate record precludes appellate review of a claim.”); see also Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (noting that relators seeking mandamus relief carry the burden to provide a sufficient record to establish a right to mandamus relief).

11
London v. Stategreen
texcrimapp · 2016 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021App. 2014) (“The ministerial-act requirement is satisfied if the relator can show a clear right to the relief sought because the facts and circumstances dictate but one rational decision under unequivocal, well-settled, and clearly controlling legal principles.”)). 11 See, e.g., London v. State, 490 S.W.3d 503, 508 (Tex. Crim.

11
Powell v. Hockergreen
texcrimapp · 2017 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Weeks, 391 S.W.3d at 122 ; see also Powell v. Hocker, 516 S.W.3d 488, 495 (Tex. Crim.

11
Polvado v. Stategreen
texapp · 1985 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015The court has also described the ministerial act requirement as a requirement that the relator have "a clear right to the relief soughtI"FState ex-rel Wade v. Mays 689 S.W.2d. 945, 947 (Tex. Crim.

11
in Re State of Texas Ex Rel, Tharp, Jennifergreen
texcrimapp · 2012 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013Tharp, 2012 Tex. Crim.

11
In Re Ramirezgreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See In re Taylor , 39 S.W.3d 406 , 411–12 (Tex. App.—Waco 2001, orig. proceeding) (quoting In re Ramirez , 994 S.W.2d 682, 683 (Tex. App.—San Antonio 1998, orig. proceeding)).

11
In Re Taylorgreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See In re Taylor , 39 S.W.3d 406 , 411–12 (Tex. App.—Waco 2001, orig. proceeding) (quoting In re Ramirez , 994 S.W.2d 682, 683 (Tex. App.—San Antonio 1998, orig. proceeding)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
State Ex Rel. Rosenthal v. Poe green
texcrimapp · 2003
2 sentences

2015The ministerial act requirement has been described: as a requirement that the realtor have 'a clear right to the relief sought' meaning that the relief souhgtEmust be 'clear and indisputable' such that it merits are ~~~ygrid dispute' with 'nothing left to the exe- rcise of discretion or judgment.' Id., quoting STATE EX REL.

2003The ministerial act requirement has been described: as a requirement that the relator have “a clear right to the relief sought” meaning that the relief sought must be “clear and indisputable” such that its merits are “beyond dispute” with “nothing left to the exercise of discretion or judgment.” Id., quoting State ex rel.

72003–2020
State v. Patrick green
texcrimapp · 2002
2 sentences

2015First, the ministerial act requirement is satisfied in a case of first impression if the respondent indisputably lacks jurisdiction or authority to engage in the act the relator seeks to prohibit. . . . [Discussing State v. Patrick, 86 S.W.3d 592 (Tex. Crim.

2015First, the ministerial act requirement is satisfied in a case of first impression if the respondent indisputably lacks jurisdiction or authority to engage in the act the relator seeks to prohibit. . . . [Discussing State v. Patrick, 86 S.W.3d 592 (Tex. Crim.

32015–2015
Buntion v. Harmon green
texcrimapp · 1992
2 sentences

2012Rodriguez v. Marquez, 4 S.W.3d 227, 228 (Tex. Crim.App.1999); Buntion v. Harmon, 827 S.W.2d 945 , 947 & 947 n. 2 (Tex. Crim.App.1992); State ex rel.

2001Rodriguez v. Marquez, 4 S.W.3d 227, 228 (Tex.Crim.App.1999); Buntion v. Harmon, 827 S.W.2d 945 , 947 & 947 n. 2 (Tex.Crim.App.1992); State ex rel.

22001–2012
State Ex Rel. Young v. SIXTH JUD. DISTRICT green
texcrimapp · 2007
2 sentences

2024Id. at * 2–5. 6 “To satisfy the ministerial-act requirement, the relief sought must be clear and indisputable such that its merits are beyond dispute and there is nothing left to the exercise of discretion or judgment.” Id. at *3.

2024Id. at * 2–5. 6 “To satisfy the ministerial-act requirement, the relief sought must be clear and indisputable such that its merits are beyond dispute and there is nothing left to the exercise of discretion or judgment.” Id. at *3.

12024–2024
In Re Schmitz green
tex · 2009
2 sentences

2015In RE, Pi~er, 105 S.W.3d 107 (Tex. 2003); In RE Schmitz, 285 S.W.3d 451 (Tex. 009) .. . · For mandamus purposes, a ministerial act requirement is requirement that Relator has "a clear right to the relief sought," meaning that the relief sought must be "clear and indisputable" such that its merits are "beyond dispute" with "nothing left to the exercise of discrection or judgement.'" Id.

2015In RE, Pi~er, 105 S.W.3d 107 (Tex. 2003); In RE Schmitz, 285 S.W.3d 451 (Tex. 009) .. . · For mandamus purposes, a ministerial act requirement is requirement that Relator has "a clear right to the relief sought," meaning that the relief sought must be "clear and indisputable" such that its merits are "beyond dispute" with "nothing left to the exercise of discrection or judgement.'" Id.

12015–2015
In Re Piper green
texapp · 2003
1 sentence

2015In RE, Pi~er, 105 S.W.3d 107 (Tex. 2003); In RE Schmitz, 285 S.W.3d 451 (Tex. 009) .. . · For mandamus purposes, a ministerial act requirement is requirement that Relator has "a clear right to the relief sought," meaning that the relief sought must be "clear and indisputable" such that its merits are "beyond dispute" with "nothing left to the exercise of discrection or judgement.'" Id.

12015–2015
Winters v. Presiding Judge of the Criminal District Court Number Three of Tarrant County green
texcrimapp · 2003
1 sentence

2007Id. ; State ex rel.

12007–2007
State Ex Rel. Vance v. Routt green
texcrimapp · 1978
2 sentences

1987The Second Court of Appeals failed to follow either part of the two-part test adopted by this Court in Routt, supra, for deciding whether mandamus may issue.

1987The Second Court of Appeals failed to follow either part of the two-part test adopted by this Court in Routt, supra, for deciding whether mandamus may issue.

11987–1987

Statutes the citing opinions construe

USC § 18u.s.c.3599 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 77 (1987–2025) NY 2 (2013–2013) MS 2 (2000–2002) CO 2 (1996–1996) NV 2 (2015–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check