in Re Matthew Powell, Criminal District Attorney of Lubbock County, Texas, Relator v. Honorable Mark Hocker, Judge County Court at Law Number One ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,177-01
IN RE MATTHEW POWELL, CRIMINAL DISTRICT ATTORNEY OF LUBBOCK
COUNTY, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 2016-485,590
IN THE COUNTY COURT AT LAW NUMBER ONE
FROM LUBBOCK COUNTY
Per curiam.
ORDER
Relator filed a petition for a writ of mandamus in this Court, invoking our constitutional
authority to issue writs of mandamus in criminal law matters. TEX . CONST . art. V, § 5. The petition
requests that we issue a writ of mandamus in the underlying case, requiring the county court judge
to rescind his order allowing the defendant copies of discovery. TEX . CODE CRIM . PROC. art.
39.14(f). Relator did not pursue relief in the appellate court, citing a case from the Texarkana Court
of Appeals concluding that the appellate courts do not have statutory mandamus jurisdiction over
statutory county courts. In re Meyer, 482 S.W.3d 706 (Tex. App.—Texarkana 2016).
2
The respondent, the Judge of the County Court at Law Number One for Lubbock County, is
invited to file a response with this Court. The real party in interest, Ellen Wilson, may also submit
a response.
The petition for writ of mandamus will be held in abeyance so the parties may respond. Any
responses shall be submitted within 30 days of the date of this order.
Filed: June 22, 2016
Do not publish