in Re William Lee Hon

• Court: Court of Appeals of Texas
• Decided: September 1, 2016
• Docket: 09-16-00301-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00301-CR ____________________

IN RE WILLIAM LEE HON

_______________________________________________________ ______________

Original Proceeding 258th District Court of Polk County, Texas Trial Cause No. 23,343 ________________________________________________________ _____________

ORDER

William Lee Hon, acting in his capacity as the Polk County Criminal District

Attorney, filed a petition for writ of mandamus. The relator is the prosecuting

authority in Cause No. 23,343, The State of Texas v. Cindy Pashia-McCormick.

Relator seeks a writ compelling the Honorable Ernest L. McClendon, Judge of the

258th District Court, to vacate his discovery order of August 9, 2016. We note our

jurisdiction over this matter and the parties. See Tex. Gov’t Code Ann. § 22.221

(West 2004). Relator alleges that prejudice will result if the discovery occurs

before the issues raised in the petition for writ of mandamus can be resolved.

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

is ORDERED that the trial court’s order of August 9, 2016, in Cause No. 23,343 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 of the relator as a condition to any relief

herein granted.

The response of the real party in interest, Cindy Pashia-McCormick, is due

September 12, 2016.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED September 1, 2016.

PER CURIAM

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