Walker v. State

On December 1, 2008, Neil Walker filed what he styled as a petition for a writ of mandamus in the Houston Circuit Court. In the petition Walker raised a litany of evidentiary challenges and interrogatories and also asserted that there was a variance between the indictment and the evidence, that the State’s evidence was insufficient to support a conviction, and that the Houston Circuit Court was not the proper venue for his trial. On December 3, 2008, the circuit court, without awaiting a response from the State, entered a written order stating: “Petition is denied.” (R. 62.) Walker appealed,…