Opinion
WR-48,147-05
04-18-2023
IN RE ROBERT MAXWELL FENLON, Relator
Do Not Publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 825756-A IN THE 179TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM
Relator filed a motion for leave to file and a petition for a writ of mandamus, invoking our constitutional and statutory authority to issue writs of mandamus in criminal law matters. TEX. CONST. art. V, § 5; TEX. CODE. CRIM. PROC. art. 4.04. Relator alleges that the judge presiding over his writ of habeas corpus application in cause number 825756-A was the Writs Section Chief for the Harris County District Attorney's Office when the Harris County District Clerk's Office starting holding that writ in 2010. Relator argues that the judge's personal knowledge of and involvement in that writ case precludes him from presiding over it.
The respondent, Hon. Andrew J. Smith, Criminal Associate Judge in Harris County, is ordered to file a response with this Court. The motion for leave to file 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.