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State ex Rel. Ligon v. Stovall

Court of Criminal Appeals of Texas
Mar 24, 2010
No. WR-73,575-01 (Tex. Crim. App. Mar. 24, 2010)

Opinion

No. WR-73,575-01

Filed: March 24, 2010. DO NOT PUBLISH.

On Application for a Writ of Mandamus Cause No. 99-04-02311-CR, appeal from the 221st Judicial District Court, Montgomery County.


ORDER


Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, the District Attorney of Montgomery County contends that the Honorable Suzanne Stovall, Judge of the 221st Judicial District Court of Montgomery County is failing to perform a ministerial duty and issue a capias in order to return a habeas applicant to custody after this Court entered an adverse ruling on the applicant's habeas writ. In these circumstances, additional facts are needed. The respondent, the Honorable Judge Suzanne Stovall, is ordered to file a response stating whether the court has issued an order or capias revoking Applicant Johnny Valentine McCoy's bond and returning him to custody in Cause No. 99-04-02311-CR from the 221st Judicial District Court of Montgomery County. If the trial court has not performed this ministerial duty under Article 11.65 of the Texas Code of Criminal Procedure, the court shall respond as to why not. Such response shall be submitted within 30 days of the date of this order.


Summaries of

State ex Rel. Ligon v. Stovall

Court of Criminal Appeals of Texas
Mar 24, 2010
No. WR-73,575-01 (Tex. Crim. App. Mar. 24, 2010)
Case details for

State ex Rel. Ligon v. Stovall

Case Details

Full title:THE STATE OF TEXAS EX REL. BRETT W. LIGON, MONTGOMERY COUNTY DISTRICT…

Court:Court of Criminal Appeals of Texas

Date published: Mar 24, 2010

Citations

No. WR-73,575-01 (Tex. Crim. App. Mar. 24, 2010)