in Re Matthew Powell, Criminal District Attorney of Lubbock County, Texas, Relator v. Honorable Mark Hocker, Judge County Court at Law Number One

• Court: Court of Criminal Appeals of Texas
• Decided: June 22, 2016
• Docket: WR-85,177-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-85,177-01

IN RE MATTHEW POWELL, CRIMINAL DISTRICT ATTORNEY OF LUBBOCK COUNTY, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 2016-485,590 IN THE COUNTY COURT AT LAW NUMBER ONE FROM LUBBOCK COUNTY

Per curiam.

ORDER

Relator filed a petition for a writ of mandamus in this Court, invoking our constitutional

authority to issue writs of mandamus in criminal law matters. TEX . CONST . art. V, § 5. The petition

requests that we issue a writ of mandamus in the underlying case, requiring the county court judge

to rescind his order allowing the defendant copies of discovery. TEX . CODE CRIM . PROC. art.

39.14(f). Relator did not pursue relief in the appellate court, citing a case from the Texarkana Court

of Appeals concluding that the appellate courts do not have statutory mandamus jurisdiction over

statutory county courts. In re Meyer, 482 S.W.3d 706 (Tex. App.—Texarkana 2016). 2

The respondent, the Judge of the County Court at Law Number One for Lubbock County, is

invited to file a response with this Court. The real party in interest, Ellen Wilson, may also submit

a response.

The petition for writ of mandamus will be held in abeyance so the parties may respond. Any

responses shall be submitted within 30 days of the date of this order.

Filed: June 22, 2016 Do not publish