In Re Smith

DISSENTING OPINION

TOM GRAY, Chief Justice.

We should not have yet requested a response in this proceeding. Having requested a response, we should now deny the petition or dismiss it as moot. Because the Court, nevertheless, has requested a response and conditionally granted relief, I dissent.

Background

This is an original proceeding, a petition for a writ of mandamus. By this proceeding, Clifford Allen Smith asks us to compel the district clerk of Walker County to file a notice of appeal. There are, however, a number of procedural and substantive impediments to Smith’s ability to show his…