Ligon, Brett W, State of Texas, Relator v. Honorable Suzanne Stovall, 221st Dist Ct

Court of Criminal Appeals of Texas

Ligon, Brett W, State of Texas, Relator v. Honorable Suzanne Stovall, 221st Dist Ct

DecidedMarch 24, 2010

DocketWR-73,575-01

StatusPublished

This text of Ligon, Brett W, State of Texas, Relator v. Honorable Suzanne Stovall, 221st Dist Ct (Ligon, Brett W, State of Texas, Relator v. Honorable Suzanne Stovall, 221st Dist Ct) 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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Ligon, Brett W, State of Texas, Relator v. Honorable Suzanne Stovall, 221st Dist Ct, (Tex. 2010).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,575-01

THE STATE OF TEXAS EX REL. BRETT W. LIGON, MONTGOMERY COUNTY DISTRICT ATTORNEY, Relator

v.

THE HONORABLE SUZANNE STOVALL, JUDGE, 221^ST JUDICIAL DISTRICT COURT OF MONTGOMERY COUNTY, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 99-04-02311-CR IN THE 221ST JUDICIAL DISTRICT COURT

FROM MONTGOMERY COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, the District Attorney of Montgomery County contends that the Honorable Suzanne Stovall, Judge of the 221^st Judicial District Court of Montgomery County is failing to perform a ministerial duty and issue a capias in order to return a habeas applicant to custody after this Court entered an adverse ruling on the applicant's habeas writ.

In these circumstances, additional facts are needed. The respondent, the Honorable Judge

Suzanne Stovall, is ordered to file a response stating whether the court has issued an order or capias revoking Applicant Johnny Valentine McCoy's bond and returning him to custody in Cause No. 99-04-02311-CR from the 221^st Judicial District Court of Montgomery County. If the trial court has not performed this ministerial duty under Article 11.65 of the Texas Code of Criminal Procedure, the court shall respond as to why not. Such response shall be submitted within 30 days of the date of this order.

Filed: March 24, 2010

Do not publish

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,575-01

THE STATE OF TEXAS EX REL. BRETT W. LIGON, MONTGOMERY COUNTY DISTRICT ATTORNEY, Relator

v.

THE HONORABLE SUZANNE STOVALL, JUDGE, 221^ST JUDICIAL DISTRICT COURT OF MONTGOMERY COUNTY, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 99-04-02311-CR IN THE 221ST JUDICIAL DISTRICT COURT

FROM MONTGOMERY COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, the District Attorney of Montgomery County contends that the Honorable Suzanne Stovall, Judge of the 221^st Judicial District Court of Montgomery County is failing to perform a ministerial duty and issue a capias in order to return a habeas applicant to custody after this Court entered an adverse ruling on the applicant's habeas writ.

In these circumstances, additional facts are needed. The respondent, the Honorable Judge

Suzanne Stovall, is ordered to file a response stating whether the court has issued an order or capias revoking Applicant Johnny Valentine McCoy's bond and returning him to custody in Cause No. 99-04-02311-CR from the 221^st Judicial District Court of Montgomery County. If the trial court has not performed this ministerial duty under Article 11.65 of the Texas Code of Criminal Procedure, the court shall respond as to why not. Such response shall be submitted within 30 days of the date of this order.

Filed: March 24, 2010

Do not publish

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Ligon, Brett W, State of Texas, Relator v. Honorable Suzanne Stovall, 221st Dist Ct, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ligon-brett-w-state-of-texas-relator-v-honorable-s-texcrimapp-2010.