in Re 25th Judicial District Attorney v. Hon. Gary Steel, Judge, 274th District Court- Dittman, Charles Sr.(real Party in Interest) ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-74,593-01

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IN RE 25^TH JUDICIAL DISTRICT ATTORNEY'S OFFICE, Relator

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ON PETITION FOR A WRIT OF MANDAMUS IN CAUSE NO. 09-1941-CR IN THE 274^TH DISTRICT COURT FROM GUADALUPE COUNTY

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   Per curiam.

O R D E R  

Relator filed a petition for a writ of mandamus, pursuant to the original jurisdiction of this Court. The petition requests that we issue a writ of mandamus in the underlying case, ordering the district court to vacate its discovery order which directed Relator to provide copies of Child Advocacy Center videos to defense counsel. The original submission was dismissed by this Court due to Relator's failure to file a motion for leave to file the mandamus petition. Tex. R. App. P. 72.1. Relator has now filed the required motion for leave to file his petition, as well as a motion for reconsideration of this Court's dismissal of his original filing.

This Court grants Relator's motion for reconsideration and orders that the respondent, the Judge of the 274^th District Court of Guadalupe County, file a response with this Court. The real party in interest, defendant Charles Morgan Dittman, Sr. may also submit a response. The motion for leave to file a petition for a writ of mandamus 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. The trial court's July 21, 2010 order compelling Relator to provide copies of the videos to the defense is stayed pending further order of this Court.

IT IS SO ORDERED THIS THE 6^TH DAY OF OCTOBER, 2010.   

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