Simon, Morris Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: April 29, 2009
• Docket: WR-71,753-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,753-01 IN RE MORRIS SIMON, Relator

ON PETITION FOR A WRIT OF PROHIBITION

IN CAUSE NO. F08-54622-Q IN THE 204^TH DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O R D E R

Relator filed a motion for leave to file and a petition for a writ of prohibition, invoking our constitutional and statutory authority to issue writs of prohibition in criminal law matters. Tex. Const. art. V, § 5; Tex. Code Crim. Proc. art. 4.04. The petition requests that we issue a writ of prohibition in the underlying case, preventing execution of the district court's pre-trial order requiring relator to submit to a psychological examination conducted by the State's expert.

The district clerk has forwarded certified copies of documents relevant to the petition including an order signed by the trial court staying the proceedings until this Court acts on the petition. The real party in interest, the State, has filed a brief in opposition to the prohibition petition.

The respondent, the Judge of the 204^th District Court of Dallas County, is ordered to file a response with this Court. The motion for leave to file a petition for a writ of prohibition will be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.

IT IS SO ORDERED THIS THE 29^TH DAY OF APRIL, 2009.

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