In Re Earl Gray, County Attorney, Brazos County v. the State of Texas

CourtCourt of Appeals of Texas
DecidedApril 3, 2025
Docket10-25-00045-CR
StatusPublished

This text of In Re Earl Gray, County Attorney, Brazos County v. the State of Texas (In Re Earl Gray, County Attorney, Brazos County v. the State of Texas) 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.

Bluebook
In Re Earl Gray, County Attorney, Brazos County v. the State of Texas, (Tex. Ct. App. 2025).

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00045-CR

In re Earl Gray, County Attorney, Brazos County

Original Proceeding

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

Based on the record presented, we deny Relator’s petition for writ of

mandamus. See In re State ex rel. Thompson, No. 10-22-00381-CR, 2022 WL

17671864, at *1 (Tex. App.—Waco Dec. 14, 2022, orig. proceeding) (mem. op.,

not designated for publication); In re Floyd, No. 05-16-00491-CV, 2016 WL

2353874, at *1 (Tex. App.—Dallas May 3, 2016, orig. proceeding) (mem. op.)

(“The extraordinary nature of the mandamus remedy and the requirement that

a party seeking mandamus relief exercise diligence both mandate that

arguments not presented to the trial court cannot first be considered in an

original proceeding seeking mandamus”). This Court’s stay of proceedings in

the trial court granted on February 19, 2025 is lifted. STEVE SMITH Justice

OPINION DELIVERED and FILED: April 3, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Denied Do not publish OT06

In re Earl Gray, County Attorney, Brazos County Page 2

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In Re Earl Gray, County Attorney, Brazos County v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-earl-gray-county-attorney-brazos-county-v-the-state-of-texas-texapp-2025.