Opinion
NO. WR-83,719-01
08-13-2015
In Re STATE OF TEXAS EX REL. ABELINO REYNA, RELATOR
ON MOTION TO FILE APPLICATION FOR WRIT OF MANDAMUS FROM CAUSE NO. 2015-1955-2 IN THE 54th DISTRICT COURT FROM McLENNAN COUNTY
Per curiam. ORDER
Relator's motion to stay is granted. We also have before us a motion for leave to file an application for a writ of mandamus and an application for a writ of mandamus.
The matter underlying this proceeding involves an opinion from the Tenth Court of Appeals conditionally granting mandamus relief and ordering the trial court to vacate its gag order issued on June 30, 2015. In re Clendennen, No. 10-15-00235-CR (Tex. App.—Waco August 7, 2015) (not designated for publication). The rationale behind the appellate court's memorandum opinion is that the trial court abused its discretion pursuant to the Tenth Court's published opinion in In re Graves, 217 S.W.3d 744 (Tex. App.—Waco 2007, orig. proceeding).
This Court has determined that this case should be filed and set and the parties should brief the following issues:
1. Is the Texas Supreme Court's holding in Davenport v. Garcia, 834 S.W.2d 4 (Tex. 1992), applicable to gag orders in criminal cases?Briefs from relator, respondent, and the real party in interest are due in this Court within 30 days of the date of this order. No motions for extension of time to file will be entertained.
2. Are the findings supporting the gag order in this case sufficiently specific?
3. Is Tenth Court of Appeals' conditional grant of mandamus relief supported by the law and facts of this case?
IT IS SO ORDERED THIS THE 13 DAY OF AUGUST, 2015. Do not publish
Judicial District Court as the Relator. However, the application was filed by McLennan County District Attorney Abelino Reyna and he is the Relator in this matter.