Opinion
08-24-00378-CR
10-30-2024
IN RE: THE STATE OF TEXAS, Relator.
AN ORIGINAL PROCEEDING IN MANDAMUS
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
Before the Court is the State's emergency motion for a stay of trial court proceedings, including the hearing currently set for October 31, 2024, and November 1, 2024, in trial court cause number 20200D02631, in the 409th District Court. The motion to stay is granted in part and denied in part.
The motion alleges that three orders issued by the trial court were improperly granted as ex parte orders. These orders, entered on July 16, 2021, and October 5, 2021, respectively, allegedly instruct the El Paso County Jail to "preserve and not destroy or alter any surveillance tapes of [defendant's] housing location"; and a third order, entered on April 18, 2023, allegedly prohibits defendant "from receiving certain medical treatment from El Paso County Jail personnel." The State claims these orders are at issue in the October 31, 2024, and November 1, 2024 proceedings. After reviewing the State's emergency motion, the Court is of the opinion that a partial stay is necessary to preserve our jurisdiction over the subject matter of the pending mandamus petition, which involves the three orders named herein.
Accordingly, pursuant to Texas Rule of Appellate Procedure 52.10, the trial court is ORDERED to stay further proceedings that directly relate to the substance of its orders entered on July 16, 2021 (regarding preservation of surveillance videos), October 5, 2021 (regarding preservation of surveillance videos), and April 18, 2023 (regarding impermissible mental health and medical professional contact) pending further order of this Court, or until the underlying case is finally decided. Tex.R.App.P. 52.10 (authorizing an appellate court to grant temporary relief).
This order does not prohibit the trial court from proceeding with the October 31, 2024, and November 1, 2024 hearing insofar as the trial court will be addressing any and all motions, or portions thereof, that have no direct bearing on the three orders mentioned herein.
IT IS SO ORDERED