McCann, Patrick F. v. Hon. Brady Elliott, Pj., 268th District Court, Fort Bend County

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-76,984-01 and WR-76,984-02

PATRICK McCANN, et al., Relators

v.

THE HONORABLE BRADY ELLIOT, Judge, 268^th District Court, Respondent

ON MOTION FOR LEAVE TO FILE APPLICATION FOR WRIT OF MANDAMUS AND WRIT OF PROHIBITION FROM CAUSE NO. 10-DCR-54,233, ALBERT JAMES TURNER, APPLICANT,

IN THE 268^TH JUDICIAL DISTRICT COURT

FORT BEND COUNTY

Per Curiam.

O R D E R

We have before us a motion for leave to file an application for writ of mandamus and a writ of prohibition, an application for writ of mandamus, and an application for a writ of prohibition.

Before deciding whether to grant relators leave to file their petition, we discovered that the circumstances in the case had changed. Specifically, the trial court allowed the Office of Capital Writs (the OCW) to withdraw as habeas counsel in the case, and it appointed new counsel. The matter underlying this proceeding involved a motion from the OCW asking the trial court to order trial counsel to turn over their trial files so that OCW could conduct a proper investigation before preparing an application for writ of habeas corpus on behalf of applicant, Albert James Turner. The OCW filed the motion because relator trial counsel refused to turn over their files absent a release signed by their client (applicant), and applicant refused to sign the release. The order issued by the trial court specifically ordered trial counsel to turn their files over to "the Office of Capital Writs." Because the OCW is no longer involved in this case, the purpose of the order has been rendered moot, as has any perceived need or duty to vacate that order.

In light of these events, relators are denied leave to file for mandamus and prohibition relief without prejudice to file again should circumstances change.

IT IS SO ORDERED THIS THE 7^th DAY OF MARCH, 2012.

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