Jaime Esparza, District Attorney, Relator v. Honorable Sam Medrano

• Court: Court of Criminal Appeals of Texas
• Decided: November 29, 2011
• Docket: WR-76,817-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-76,817-01

STATE OF TEXAS ex rel. HON. JAIME ESPARZA, District Attorney,

34^th Judicial District, Relator

v.

THE HONORABLE SAM MEDRANO, Judge, 409^th District Court, Respondent

ON MOTION FOR LEAVE TO FILE APPLICATION FOR WRIT OF MANDAMUS FROM CAUSE NO. 76187-41-1

IN THE 409^TH JUDICIAL DISTRICT COURT

EL PASO COUNTY

Per Curiam.

O R D E R

We have before us a motion for leave to file an application for writ of mandamus, an application for writ of mandamus, and a motion for an emergency stay of the trial court proceedings.

Before deciding whether to grant relator leave to file its petition, we believe the respondent, the Honorable Sam Medrano, Judge of the 409^th Judicial District Court, and the real party in interest, Daniel Villegas, should have the opportunity to respond. In addition to any other matter they deem relevant to the issue before this Court, we are specifically interested in their responses to the following questions:

(1) Was an order designating issues issued in the underlying habeas action? If so, when, and what issues were designated?

(2) By what authority did the trial court order the production of the recordings of the complained-of telephone conversations?

Within 30 days of the date of this order, Judge Medrano, or his representative, and a representative of the real party in interest, may file their respective responses in this Court. The District Clerk is also ordered to supplement the record with a copy of the habeas application filed in the underlying action. The underlying habeas proceedings currently pending in the trial court are stayed pending further order of this Court.

IT IS SO ORDERED THIS THE 29^th DAY OF NOVEMBER, 2011.

Do Not Publish