in Re State of Texas Ex Rel. Brent Smith v. Honorable Jan Soifer ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,354-02
IN RE STATE OF TEXAS EX REL. BRENT SMITH, Relator
ON APPLICATION FOR WRIT OF PROHIBITION
IN THE 345TH JUDICIAL DISTRICT COURT OF TRAVIS COUNTY
Per curiam.
ORDER
Relator filed a motion for leave to file and a petition for writ of prohibition invoking our
constitutional authority to issue writs of prohibition in criminal law matters. TEX . CONST . art. V, §
5. The petition requests that this Court prohibit the Respondent from issuing and ruling on pre-trial
habeas applications filed by defendants confined in Kinney County pursuant to Kinney County
misdemeanor charges.
We order that this petition be filed and set for submission to determine: (1) whether, under
Ex parte Valdez,1 or other authority, the district court has a ministerial duty to abstain from issuing
writs that arise from actions occurring in a distant county; (2) whether, under Ex parte Valdez, or
1
489 S.W.3d 462 (Tex. Crim. App. 2016).
2
other authority, the district court has a ministerial duty to abstain from deciding the merits of writ
applications that arise from actions occurring in a distant county; and (3) whether it would be a clear
abuse of discretion to hold that Texas Code of Criminal Procedure article 11.06 applies to
misdemeanor cases, given that indictments are not required in misdemeanor cases. The Relator and
the Real Parties in Interest shall brief these issues. We also invite the Travis County District
Attorney’s Office, the Office of the State Prosecuting Attorney, and the Respondent to brief these
issues. All briefs shall be filed with this Court within thirty days from the date of this order.
Filed: May 4, 2022
Do not publish