in Re Kristina Shea Cook

In The
Court of Appeals
Seventh District of Texas at Amarillo
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No. 07-18-00348-CV
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IN RE KRISTINA SHEA COOK, PETITIONER
An Original Proceeding Arising from the 72nd District Court
Lubbock County, Texas
Trial Court No. 2018-530,278
Honorable Mackey Hancock, Senior Judge, Presiding by Assignment
October 10, 2018
ORDER GRANTING EMERGENCY RELIEF
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
On October 10, 2018, came on to be considered the Petition for Writ of Habeas
Corpus filed by Petitioner, Kristina Shea Cook, pursuant to Rule 52.1 of the Texas Rules
of Appellate Procedure. See TEX. R. APP. P. 52.1. In conjunction with the filing of her
petition, Petitioner has requested emergency temporary relief, to-wit: an order
discharging her from incarceration pending a decision on the merits. See TEX. R. APP. P.
52.10(b). By her request, Petitioner seeks an order from this court staying enforcement
of the trial court’s Order Holding Kristina Shea Cook in Contempt and For Commitment
to County Jail signed on October 8, 2018, in trial court Cause Number 2018-530,278, in
the 72nd District Court of Lubbock County, Texas, by the Honorable Mackey Hancock,
Senior Judge by assignment (the “trial court order”).
The Request for Emergency Relief is granted, and the trial court’s order is stayed
pending further order of this court. See TEX. R. APP. P. 52.10(b). No bond is required as
a condition of granting this temporary relief. Id. The clerk of this court is ordered to
immediately transmit a copy of this order to all parties in interest, the trial court, the
Lubbock County District Clerk, and the Lubbock County Sheriff’s Department.
The Real Party in Interest, Darin Benton, is ordered to file a response to the
Petitioner’s petition on or before October 22, 2018. See TEX. R. APP. P. 52.4.
It is so ordered.
Per Curiam
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