Opinion
08-24-00378-CR
11-08-2024
IN RE: THE STATE OF TEXAS, Relator.
AN ORIGINAL PROCEEDING IN MANDAMUS
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Texas Rule of Appellate Procedure 10.4 (a), the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
Before the Court are the following two matters. First, on October 28, 2024, Relator filed a motion seeking leave to supplement the mandamus record and provide supplemental briefing on its pending mandamus petition. Pursuant to Rule 52.7 of the Texas Rules of Appellate Procedure, Relator or any other party to a proceeding pending with the Court may file additional materials for inclusion in the record. On October 29, 2024, Relator filed its amended mandamus petition, and a supplemented mandamus record, and these filings were duly accepted by the Clerk of the Court. Accordingly, Relator's motion for leave to supplement is moot. See Tex.R.App.P. 52.7(b).
Second, the Clerk has this day filed Relator's motion seeking an order directing the District Clerk of El Paso County to forward to this Court all sealed records filed in the case styled The State of Texas v. Patrick Wood Crusius, trial cause number 20200D02631, pending before the 409th District Court of El Paso County, for the purpose of this Court reviewing said records and determining whether there exist any ex parte orders that fall outside protections afforded by Ake v. Oklahoma, 470 U.S. 68 (1985). The Court has this day determined that no action will be taken on Relator's motion pending a response from the Real Party in Interest, which is due on or before November 18, 2024.
IT IS SO ORDERED.