in Re Kristina Shea Cook

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

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No. 07-18-00348-CV

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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

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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