Opinion
No. AP-76,183
Filed: July 1, 2009. DO NOT PUBLISH.
On Petition for a Writ of Prohibition in Cause No. F08-54622-Q in the 204th District Court from Dallas County.
ORDER
Relator filed a motion for leave to file and a petition for a writ of prohibition, invoking our constitutional and statutory authority to issue writs of prohibition in criminal law matters. TEX. CONST. art. V, § 5; TEX. CODE CRIM. PROC. art. 4.04. The petition requests that we issue a writ of prohibition in the underlying case, preventing execution of the district court's pre-trial order requiring relator to submit to a psychological examination conducted by the State's expert. The district clerk has forwarded certified copies of documents relevant to the petition including an order signed by the trial court staying the proceedings until this Court acts on the petition. Both the State and the respondent, the Judge of the 204th District Court of Dallas County, have filed briefs in opposition to the prohibition petition. We grant relator's motion for leave to file and order that this petition be filed and set for submission to determine whether Lagrone v. State applies to non-death penalty cases and, if so, whether the pre-trial order at issue is authorized by Lagrone. All parties shall brief these issues. No oral argument will be permitted. All briefs shall be filed with this Court within 30 days of the date of this order.
942 S.W.2d 602 (Tex.Crim.App. 1997).