in Re H.S.

CourtCourt of Appeals of Texas
DecidedJune 11, 2015
Docket09-15-00231-CR
StatusPublished

This text of in Re H.S. (in Re H.S.) 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 H.S., (Tex. Ct. App. 2015).

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00231-CR ____________________

IN RE H.S.

__________________________________________________________________

Original Proceeding __________________________________________________________________

ORDER

The Court has been presented with a petition for a writ of mandamus to

compel the Honorable Michael Seiler, Judge of the 435th District Court of

Montgomery County, Texas, to quash a grand jury subpoena. Counsel has

informed the Court that the grand jury has summoned a parent to produce H.S., a

minor child, to appear before the grand jury on June 11, 2015. According to

counsel, Judge Seiler denied a motion to quash the grand jury subpoena without

determining if the child is competent to testify before the grand jury.

1 The Court finds temporary relief is necessary to prevent undue prejudice. It

is ORDERED that enforcement of the grand jury subpoena by the trial court is

stayed until our Opinion issues or until further order of this Court. See Tex. R.

App. P. 52.10(b). No bond is required as a condition to any relief herein granted.

The response of the State of Texas is due June 22, 2015.

TEMPORARY RELIEF GRANTED.

ORDER ENTERED June 10, 2015.

PER CURIAM

Before McKeithen, C.J., Kreger and Horton, JJ.

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