Ibarra, Francisco ( 2009 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-71,442-02

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IN RE FRANCISCO IBARRA, Relator

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ON PETITION FOR A WRIT OF PROHIBITION IN CAUSE NO. CR-08-287 IN THE 428^TH DISTRICT COURT FROM HAYS COUNTY

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   Per curiam.

O R D E R  

Relator filed a motion for leave to file and a petition for a writ of prohibition, invoking our constitutional and statutory authority to issue writs of prohibition in criminal law matters. Tex. Const. art. V, § 5; Tex. Code. Crim. Proc. art. 4.04. The petition requests that we issue a writ of prohibition in the underlying case, preventing execution of the district court's pre-trial order requiring relator to submit to a psychological examination conducted by the State's expert.

The respondent, the Judge of the 428^th District Court of Hays County, is ordered to file a response with this Court. The motion for leave to file a petition for a writ of prohibition will be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order. The trial court's November 6, 2008 order compelling relator to submit to a psychological evaluation by Dr. Matthew Ferrara is stayed pending further order of this Court.

Filed: March 18, 2009

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