In Re State Ex Re. Jaime A. Iracheta, Relator

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. WR-94,726-01

IN RE STATE OF TEXAS EX REL. JAIME A. IRACHETA, Relator

ON PETITION FOR A WRIT OF PROHIBITION
IN CAUSE NOS. 11,934; 11,935; 11,936; 11,937
TH
IN THE 49 DISTRICT COURT FROM WEBB/ZAPATA COUNTY

Per curiam.

OPINION

Relator filed a motion for leave to file and a petition for a writ of prohibition, invoking our

constitutional authority to issue writs of prohibition in criminal law matters. TEX . CONST . art. V, §

5. The petition requests that this Court prohibit the respondent from issuing and ruling on pre-trial

habeas applications filed by defendants confined in (or on bond from) Maverick County pursuant

to Maverick County misdemeanor charges.

The real parties in interest were arrested in Maverick County and filed original habeas

applications in Maverick County, which were denied. They then filed original habeas applications

in the 49th District Court and the respondent, Hon. Jose Lopez, indicated that he was going to hold

a hearing on the merits of those habeas applications. The State filed prohibition in this Court to stop
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the Webb/Zapata County Judge from ruling on cases arising from Maverick County. This Court

issued a stay of proceedings and ordered the respondent to respond.

The respondent, Hon. Jose Lopez, filed a response with this Court. Based on that response

and the totality of the record, we grant Relator’s application for a writ of prohibition. The prior stay

issued by this Court is lifted. The 49th district court in Webb/Zapata County is required to refrain

from resolving the merits of the habeas applications for misdemeanor cases arising in Maverick

County. See In re Brent Smith, ___ S.W.3d ___, WR-93,354-02 (Tex. Crim. App. Dec, 7, 2022).

Filed: June 28, 2023
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