Carter, Brandon Jay ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-83,286-01 & WR-83,286-02
IN RE BRANDON JAY CARTER, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS AND PROHIBITION
IN CAUSE NO. 12-DCR-061186 IN THE 240 TH DISTRICT COURT
FROM FORT BEND COUNTY
Per curiam.
ORDER
Relator filed a motion for leave to file an application for a writ of mandamus and a motion
for leave to file an application for writ of prohibition, pursuant to the original jurisdiction of this
Court. The applications request that we order the district court to vacate its order substituting
appointed counsel dated March 12, 2015. Relator first filed a petition for writ of mandamus in the
First Court of Appeals. In re Brandon Jay Carter, No. 01-15-00216-CR (Tex. App.—Houston [1st
Dist.] May 7, 2015) (not designated for publication). The Court of Appeals denied relief without
comment. Id.
This Court stayed the proceedings in the underlying cause, held the motions in abeyance, and
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ordered Respondent to file a response. Respondent, the Judge of the 240th District Court of Fort
Bend County, has now filed a response stating that he will withdraw his order substituting appointed
counsel and reinstate Mr. D. Christopher Hesse as Relator’s trial counsel. This action will cause
Relator’s claims to be moot.
The order to stay proceedings contained in this Court’s prior order dated June 1, 2015 is
hereby lifted. The motions for leave to file an application for writ of mandamus and prohibition are
denied.
Filed: August 26, 2015
Do Not Publish