Opinion
Appellate case number: 01-20-00609-CR
09-22-2020
In re The State of Texas ex rel. Kim Ogg, Harris County District Attorney
AMENDED ORDER Trial court case number: 1680894 Trial court: 228th District Court of Harris County
On August 31, 2020, this Court issued an order granting relator's motion for emergency relief. Real party in interest has filed a letter expressing confusion about the scope of this Court's August 31 order.
Real party observes that Visiting Judge Leslie Yates held two hearings, one of August 21, 2020 and another on August 25, 2020. On August 21, 2020, Judge Yates orally ordered the State to produce several different documents, some of which were to be produced by August 31, others to be produced by September 4, and still others to be produced 45 days after the August 21 hearing. Among those documents ordered to be produced by August 31, 2020 were offense reports that the State argued were internal investigative reports that contained the label, S-19-07. Before producing these documents, the State filed a motion for clarification and the trial court held a hearing on August 25 to address this motion. It was during this hearing that it became clear that there were two types of offense reports—S-19-07 and NS-20-08. Judge Yates ordered the State to produce both within 10 days. A motion for reconsideration was filed and after a hearing, Judge Frank Aguilar, the presiding judge of the 228th District Court, denied the motion and adopted Judge Yates's rulings.
The State's petition for writ of mandamus in this cause challenges the oral order for the State to produce the offense reports S-19-07 and NS-20-08. The State also filed a motion requesting emergency relief. The Court WITHDRAWS its order of August 31, 2020 concerning the granting of the State's motion for emergency relief and issues the following amended order. This Court GRANTS the State's motion and orders STAYED the portion of the trial court's oral order requiring production of the offense reports S-19-07 and NS-20-08 until a final decision by this court on relator's petition for writ of mandamus, or until further order of this Court. The oral orders for production of documents other than S-19-07 and NS-20-08 are not stayed.
It is so ORDERED. Judge's signature: Justice Richard Hightower
[v] Acting individually [ ] Acting for the Court Date: September 22, 2020