The Texas Court of Appeals has denied a petition for writ of mandamus filed by Benjamin Ray Cotter. This decision impacts Cotter's ongoing legal matters in Kerr County, Texas. The court ruled that the petition was moot, meaning it no longer required action.

The case, officially titled In Re Benjamin Ray Cotter v. the State of Texas, was filed on September 9, 2026, under docket number 04-26-00572-CR. Cotter sought to have the trial court judge either recuse herself or refer his recusal motion to a higher authority. The outcome of this ruling is significant for Cotter as it relates to the judicial process in his case.

Background

Benjamin Ray Cotter is the relator in this case, which involves a legal dispute with the State of Texas. The specific details of the original case against Cotter are not fully outlined in the court's opinion. However, it is clear that Cotter was seeking a change in the presiding judge due to concerns about impartiality.

The case reached the Texas Court of Appeals after Cotter filed a petition for writ of mandamus. This legal request is a way for individuals to ask a higher court to compel a lower court or government official to act in a certain way. In this instance, Cotter wanted the trial court judge to either step down or pass his recusal motion to the Presiding Judge of the Sixth Administrative Judicial Region.

The Ruling

The Texas Court of Appeals, consisting of Chief Justice Rebeca C. Martinez, Justice Irene Rios, and Justice Lori Massey Brissette, delivered the ruling. The court stated, “Accordingly, this petition for writ of mandamus is moot.” This indicates that the court found no need to take further action on Cotter's request.

On July 28, 2026, the trial court had already signed an order of referral regarding Cotter’s motion to recuse or disqualify the judge. This action rendered Cotter's petition unnecessary, as the court had already addressed the issue he raised. The court also mentioned that any pending motions related to Cotter's petition were denied as moot.

Impact

This ruling has implications for Cotter's ongoing case in Kerr County. By denying the petition, the appellate court effectively allowed the trial court's actions to stand. Cotter will continue to have the original judge presiding over his case unless the higher authority determines otherwise.

The decision may also set a precedent for similar cases in Texas. It highlights the importance of timely action in judicial processes and the need for parties to ensure their motions are addressed before seeking higher court intervention. It also emphasizes that if a lower court has already acted on a matter, the higher court may find no need to intervene.

What's Next

Details were not available in the court filing regarding whether Cotter plans to appeal this decision. However, since the court has ruled that the petition is moot, any further action would depend on the next steps taken by Cotter or his legal team. There may also be related cases pending in the lower courts, but specific information was not provided in the opinion.