in Re State of Texas Ex Rel. Ken Paxton, Relator

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,432-02

IN RE STATE OF TEXAS EX REL. KEN PAXTON, Relator

ON MOTION FOR LEAVE TO FILE A WRIT OF MANDAMUS
IN RELATION TO DALLAS COUNTY CASE OF EX PARTE WESLEY RUIZ,
POTTER COUNTY CASE OF EX PARTE JOHN LEZELL BALENTINE,
HARRIS COUNTY CASE OF EX PARTE ROBERT ALAN FRATTA, and
HARRIS COUNTY CASE OF ARTHUR BROWN JR.
TRAVIS COUNTY

Per curiam. YEARY, J., concurs. NEWELL, J., dissents.

OPINION

We have before us a motion for leave to file an application for writ of mandamus

filed by the Honorable Ken Paxton, Attorney General of the State of Texas. Therein, he

asks this Court to order the Honorable Catherine Mauzy, Judge of the 419th District Court

of Travis County to vacate the Temporary Injunction she issued this day regarding the
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executions of the above named inmates.1

These inmates were all convicted of capital murder and sentenced to death in their

respective counties. This Court affirmed each of the separate convictions and sentences

on direct appeal and issued mandate. Plus, each of the inmates have filed Texas Code of

Criminal Procedure Article 11.071 writs of habeas corpus in their respective convicting

courts over the years. All of the writs were ultimately denied or dismissed by this Court.

Ruiz and Balentine then filed what purports to be a civil suit in a Travis County

District Court seeking injunctive or declaratory relief regarding the drugs to be used in

their respective executions. Fratta and Brown subsequently intervened in the suit.

Relator (Paxton) asked this Court to grant prohibition relief.

On January 4, 2023, we granted leave to file the application and ordered the

Respondent, the Honorable Catherine A. Mauzy, “to refrain from issuing any order

purporting to stay the January and February executions of Harris County death row

inmate Robert Alan Fratta, Dallas County death row inmate Wesley Ruiz, or Potter

County death row inmate John Lezell Balentine.” In re State of Texas ex rel. Ken Paxton,

No. WR-94,432-01 (Tex. Crim. App. Jan. 4, 2023) (not designated for publication).

On this day, Respondent issued a Temporary Injunction in this case. In the

injunction, Respondent claims that the district court is not staying the executions of any of

the four plaintiffs in the case. Rather, she is simply enjoining the defendants “from

1
The temporary injunction lists the issuing court as the 345th District Court.
Paxton_Ruiz et al. - 3

committing certain acts while conducting the executions of Plaintiffs.” But this

injunction circumvents this Court’s mandates and the orders of the inmates’ convicting

courts. And it is in violation of our order “to refrain from issuing any order purporting to

stay the” executions of the various inmates.

As such, we immediately vacate the temporary injunction issued by Judge Mauzy.

Delivered: January 10, 2023
Do Not Publish