in Re Dempsey L. Sutton

CourtCourt of Appeals of Texas
DecidedNovember 19, 2008
Docket04-08-00784-CR
StatusPublished

This text of in Re Dempsey L. Sutton (in Re Dempsey L. Sutton) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in Re Dempsey L. Sutton, (Tex. Ct. App. 2008).

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-08-00784-CR

IN RE Dempsey L. SUTTON

Original Mandamus Proceeding1

PER CURIAM

Sitting: Alma L. López, Chief Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice

Delivered and Filed: November 19, 2008

PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT

On October 23, 2008, relator Dempsey L. Sutton filed a petition for writ of mandamus,

seeking to compel the trial court to rule relator’s second motion for post-conviction DNA testing.

On October 30, 2008, the trial court signed an order denying relator’s second motion for post-

conviction DNA testing. In light of the trial court’s action, the complaint presented in relator’s

petition is now moot. Accordingly, the petition for writ of mandamus is denied as moot.

DO NOT PUBLISH

1 … This proceeding arises out of Cause No. 1985-CR-1279A, styled State of Texas v. Dempsey Leon Sutton, in the 186th Judicial District Court, Bexar County, Texas, the Honorable Maria Teresa Herr presiding.

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