In Re: The State of Texas, Ex Rel. Bill D. Hicks

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. WR-95,092-01

IN RE THE STATE OF TEXAS EX REL. BILL D. HICKS, Relator

ON MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS
AND PETITION FOR WRIT OF MANDAMUS
IN CAUSE NO. 20020D00230
IN THE 327TH CRIMINAL DISTRICT COURT
EL PASO COUNTY

NEWELL, J., filed a concurring and dissenting opinion in which
WALKER, J., joined.

I agree with the Court’s order granting leave to file and granting

Relator’s mandamus petition regarding the trial court’s withdrawal of

Real Party In Interest’s execution date. 1 I concur in that portion of the

1
See, e.g., In re State of Texas ex rel. Brian Risinger, No. WR-84,212-01 (Tex. Crim. App.
Nov. 18, 2015) (not designated for publication), available at https://search.txcourts.gov/
SearchMedia.aspx?MediaVersionID=bac263ec-4322-43d7-b93f-4285b36682de&coa=coscca
&DT=ORDER&MediaID=febd8768-e59a-4540-b4bb-d39528c7123e.
Hicks — 2

Court’s order. But I disagree with the Court’s order granting

mandamus relief regarding the trial court’s discovery order. I would

instead request responses from the parties regarding the trial court’s

authority to order discovery under these circumstances before deciding

the issue. Because the Court does not, I dissent to that portion of the

Court’s order.

Filed: September 18, 2023

Do Not Publish