In Re State Ex Re. Jaime A. Iracheta, Relator ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,726-01
IN RE STATE OF TEXAS EX REL. JAIME A. IRACHETA, Relator
ON PETITION FOR A WRIT OF PROHIBITION
IN CAUSE NOS. 11,934; 11,935; 11,936; 11,937
TH
IN THE 49 DISTRICT COURT FROM WEBB/ZAPATA COUNTY
Per curiam.
OPINION
Relator filed a motion for leave to file and a petition for a writ of prohibition, invoking our
constitutional authority to issue writs of prohibition in criminal law matters. TEX . CONST . art. V, §
5. The petition requests that this Court prohibit the respondent from issuing and ruling on pre-trial
habeas applications filed by defendants confined in (or on bond from) Maverick County pursuant
to Maverick County misdemeanor charges.
The real parties in interest were arrested in Maverick County and filed original habeas
applications in Maverick County, which were denied. They then filed original habeas applications
in the 49th District Court and the respondent, Hon. Jose Lopez, indicated that he was going to hold
a hearing on the merits of those habeas applications. The State filed prohibition in this Court to stop
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the Webb/Zapata County Judge from ruling on cases arising from Maverick County. This Court
issued a stay of proceedings and ordered the respondent to respond.
The respondent, Hon. Jose Lopez, filed a response with this Court. Based on that response
and the totality of the record, we grant Relator’s application for a writ of prohibition. The prior stay
issued by this Court is lifted. The 49th district court in Webb/Zapata County is required to refrain
from resolving the merits of the habeas applications for misdemeanor cases arising in Maverick
County. See In re Brent Smith, ___ S.W.3d ___, WR-93,354-02 (Tex. Crim. App. Dec, 7, 2022).
Filed: June 28, 2023
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