in Re Matthew Powell, Criminal District Attorney of Lubbock County, Texas, Relator v. Honorable Mark Hocker, Judge County Court at Law Number One ( 2016 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-85,177-01
    IN RE MATTHEW POWELL, CRIMINAL DISTRICT ATTORNEY OF LUBBOCK
    COUNTY, Relator
    ON PETITION FOR A WRIT OF MANDAMUS
    CAUSE NO. 2016-485,590
    IN THE COUNTY COURT AT LAW NUMBER ONE
    FROM LUBBOCK COUNTY
    Per curiam.
    ORDER
    Relator filed a petition for a writ of mandamus in this Court, invoking our constitutional
    authority to issue writs of mandamus in criminal law matters. TEX . CONST . art. V, § 5. The petition
    requests that we issue a writ of mandamus in the underlying case, requiring the county court judge
    to rescind his order allowing the defendant copies of discovery. TEX . CODE CRIM . PROC. art.
    39.14(f). Relator did not pursue relief in the appellate court, citing a case from the Texarkana Court
    of Appeals concluding that the appellate courts do not have statutory mandamus jurisdiction over
    statutory county courts. In re Meyer, 
    482 S.W.3d 706
    (Tex. App.—Texarkana 2016).
    2
    We order that this petition be filed and set for submission to determine whether the appellate
    courts have mandamus jurisdiction over statutory county courts and, if not, whether the Relator has
    established entitlement to mandamus relief. The parties are invited to submit briefs addressing the
    jurisdictional issues raised by Relator’s reliance on Meyer as well as the merits of the substantive
    issue raised by Relator’s mandamus petition.
    All briefs shall be filed with this Court on or before within 45 days of the date of this order.
    Filed: October 5, 2016
    Do not publish
    

Document Info

Docket Number: WR-85,177-01

Filed Date: 10/5/2016

Precedential Status: Precedential

Modified Date: 10/10/2016