in Re Corey Sudds and Elbi Lopez, Harris County Inmates Held Out of State in Louisiana

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,913-01
IN RE COREY SUDDS AND ELBI LOPEZ, Relators
ON APPLICATION FOR A WRIT OF PROHIBITION
CAUSE NOS. 15755118 & 15755119 IN THE 174TH DISTRICT COURT
AND CAUSE NO. 1590198 IN THE 232ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. KELLER , P.J., dissents.
ORDER
Relators have filed a motion for leave to file an application for a writ of prohibition1 pursuant
to the original jurisdiction of this Court. In it, Relators contend that Respondent, the Harris County
Sheriff, is holding them at a contract facility in Louisiana as they await their trials in the above
numbered cases. They argue that this detention away from Harris County effectively deprives them
of their rights to counsel and the effective assistance of counsel.
Respondent, the Sheriff of Harris County, is ordered to file a response to the Relators’ claims.
1
“The line between mandamus and prohibition is a thin one and, therefore, this Court
looks not to the nomenclature or form of the relief sought, but to its substance.” Ex parte Gray,
649 S.W.2d 640, 642 (Tex. Crim. App. 1983) (internal citations omitted).
2
In addition to any response he deems necessary and appropriate, the Sheriff’s response shall
specifically address the Relators’ claims concerning the Louisiana contract facility’s capacity for
attorneys to undertake confidential communications with their clients.
This application for leave to file a writ of prohibition shall be held in abeyance until
Respondent has submitted the appropriate response. Such response shall be submitted within 30
days of the date of this order.
Filed: October 31, 2018
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