in Re Kristina Shea Cook

• Court: Court of Appeals of Texas
• Decided: October 10, 2018
• Docket: 07-18-00348-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-18-00348-CV ________________________

IN RE KRISTINA SHEA COOK, PETITIONER

An Original Proceeding Arising from the 72nd District Court Lubbock County, Texas Trial Court No. 2018-530,278 Honorable Mackey Hancock, Senior Judge, Presiding by Assignment

October 10, 2018

ORDER GRANTING EMERGENCY RELIEF Before QUINN, C.J., and PIRTLE and PARKER, JJ.

On October 10, 2018, came on to be considered the Petition for Writ of Habeas

Corpus filed by Petitioner, Kristina Shea Cook, pursuant to Rule 52.1 of the Texas Rules

of Appellate Procedure. See TEX. R. APP. P. 52.1. In conjunction with the filing of her

petition, Petitioner has requested emergency temporary relief, to-wit: an order

discharging her from incarceration pending a decision on the merits. See TEX. R. APP. P.

52.10(b). By her request, Petitioner seeks an order from this court staying enforcement of the trial court’s Order Holding Kristina Shea Cook in Contempt and For Commitment

to County Jail signed on October 8, 2018, in trial court Cause Number 2018-530,278, in

the 72nd District Court of Lubbock County, Texas, by the Honorable Mackey Hancock,

Senior Judge by assignment (the “trial court order”).

The Request for Emergency Relief is granted, and the trial court’s order is stayed

pending further order of this court. See TEX. R. APP. P. 52.10(b). No bond is required as

a condition of granting this temporary relief. Id. The clerk of this court is ordered to

immediately transmit a copy of this order to all parties in interest, the trial court, the

Lubbock County District Clerk, and the Lubbock County Sheriff’s Department.

The Real Party in Interest, Darin Benton, is ordered to file a response to the

Petitioner’s petition on or before October 22, 2018. See TEX. R. APP. P. 52.4.

It is so ordered.

Per Curiam