in Re Texas Department of Criminal Justice, Parole Division, Relator

CourtCourt of Criminal Appeals of Texas
DecidedMay 18, 2022
DocketWR-93,587-01
StatusPublished

This text of in Re Texas Department of Criminal Justice, Parole Division, Relator (in Re Texas Department of Criminal Justice, Parole Division, Relator) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in Re Texas Department of Criminal Justice, Parole Division, Relator, (Tex. 2022).

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-93,587-01

IN RE TEXAS DEPARTMENT OF CRIMINAL JUSTICE PAROLE DIVISION, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS IN CAUSE NO. B18532 IN THE 198 TH DISTRICT COURT FROM KERR COUNTY

Per curiam.

OPINION

Relator filed a motion for leave to file and petition for writ of mandamus, pursuant to the

original jurisdiction of this Court. The petition requests that we issue a writ of mandamus in the

underlying case, ordering the district court to vacate its habeas order which directed Relator to

withdraw its parole revocation warrant and dismiss the parole revocation proceedings against real

party in interest, Marsha Renee Howell.

On March 30, 2022, this Court held this application in abeyance and invited the Honorable

Honorable Rex Emerson to respond. Judge Emerson did not file a response. We conditionally grant mandamus relief and direct the Respondent to vacate his order which

directed Relator to withdraw its parole revocation warrant and dismiss the parole revocation

proceedings against real party in interest. The writ of mandamus will issue only in the event the

Respondent fails to comply within thirty days of the date of this opinion.

Filed: May 18, 2022 Do not publish

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