in Re: Christopher Lee Cobb

Opinion

6-96-028-CV Long Trusts v. Dowd

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00027-CV

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IN RE:

CHRISTOPHER LEE COBB

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Original Mandamus Proceeding

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

          In his petition for writ of mandamus, Christopher Lee Cobb sought from this Court a writ directing the trial court to disqualify Gary D. Young, County Attorney of Lamar County, performing the duties of a district attorney, who now represents the State in the pending capital murder case against Cobb, a case in which the State seeks the death penalty. While Young was in private practice, he represented Cobb on two prior occasions. Based on Young's role as Cobb's former attorney, Cobb argued that Young's participation in the prosecution deprived Cobb of his constitutional rights to due process.

          Young has notified this Court that he and Cobb's current counsel, Steven R. Miears, have agreed that Young will recuse himself from this prosecution. This agreement resolves the controversy pending before this Court. Accordingly, we dismiss Cobb's petition as moot.

          The stay of Cobb's trial heretofore ordered by this Court February 15, 2006, is hereby dissolved.

                                                                           Donald R. Ross

                                                                           Justice

Date Submitted:      March 1, 2006

Date Decided:         March 22, 2006