The Texas Lawyer blog has a post titled “Strike two” about the Third Court’s disposition of a petition for writ of mandamus filed by Karyl Krug, who is running for the 427th District Court in Travis County. Her complaint, as reported by Texas Lawyer blog, is “that Democratic primary foe Jim Coronado, the Travis County criminal magistrate, is violating state election law by calling himself a judge in campaign materials.” I wrote about her previous petition to the Texas Supreme Court in the post “Another Election-Related Mandamus, Another 52.3(e) Dismissal.”
Krug filed a petition for writ of mandamus in the Third Court yesterday — and it was denied with a memorandum opinion later the same day.
The Texas Lawyer blog reports that Krug has filed a petition for writ of mandamus today with the Texas Supreme Court that, the article suggests, is focused on how the Third Court procedurally disposed of her petition:
she is asking the Supreme Court for a writ of mandamus against the 3rd Court for denying her writ petition â€œwithout due consideration, oral argument, or explanation.â€
The docket information for this new mandamus petition is not yet online. The docket number is 08-0111. If, as this article suggests, it really is only challenging the internal procedures that the Third Court used to dispose of her case, then this second trip to the Texas Supreme Court may also be a short one. [Update: It appears from the docket information that the Texas Lawyer may have been placing undue emphasis on the petition’s rhetoric about the Third Court rather than its substance.]