in Re: El Paso County Public Defender ( 2021 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: § No. 08-19-00296-CR
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EL PASO COUNTY PUBLIC AN ORIGINAL PROCEEDING
DEFENDER, §
IN MANDAMUS
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RELATOR.
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O R D E R
Pending before the Court is a petition for a writ of mandamus filed by Relator the El Paso
County Public Defender (the “Public Defender”) against the Honorable Alyssa Perez of the 210th
District Court of El Paso County, Texas, seeking to rescind an order, issued at the request of the
State and the City of El Paso, quashing a subpoena for certain police training materials that the
Public Defender contends are material and relevant to its defense. The Public Defender relies
heavily on the Michael Morton Act, which encourages the parties to discuss and agree with respect
to discovery. See TEX.CODE CRIM.PROC.ANN. art. 39.14(n)(“This article does not prohibit the
parties from agreeing to discovery and documentation requirements equal to or greater than those
required under this article.”).
In an effort to ascertain the ongoing status of this case, it is ordered that within twenty (20)
days of this order, the Public Defender and the State shall file a status letter informing the Court
the current status of the litigation with respect to the discovery at issue, as contemplated by the
Act.
IT IS SOR ORDERED THIS 9TH DAY OF FEBRUARY, 2021.
PER CURIAM
Before Rodriguez, C.J., Palafox, and Alley, JJ.
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