mandamus on Texas Appeals Journalhttps://texasappeals.org/topics/mandamus/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 25 Nov 2024 07:00:00 -0600Supreme Court of Texas Holds House Committee’s Subpoena Cannot Be Judicially Enforced to Cancel Roberson Executionhttps://texasappeals.org/2024/11/in-re-texas-house-roberson-subpoena/Mon, 25 Nov 2024 07:00:00 -0600https://texasappeals.org/2024/11/in-re-texas-house-roberson-subpoena/The court denied a Texas House committee’s petition, holding that the separation of powers does not permit judicial enforcement of a legislative subpoena that would require canceling a long-scheduled execution. The opinion states that the dispute has nothing to do with Robert Roberson’s guilt or innocence.Court of Criminal Appeals Vacates Travis County Restraining Order That Had Blocked Robert Roberson’s Executionhttps://texasappeals.org/2024/11/in-re-tdcj-ex-rel-paxton-roberson-subpoena/Mon, 11 Nov 2024 07:00:00 -0600https://texasappeals.org/2024/11/in-re-tdcj-ex-rel-paxton-roberson-subpoena/In a per curiam opinion, the court held that a district court’s temporary restraining order enjoining the Texas Department of Criminal Justice from carrying out a death warrant had the effect of staying a scheduled execution and was subject to the court’s mandamus authority. The court vacated the order itself. Four judges dissented.Supreme Court of Texas Denies State’s Emergency Mandamus Petition Over State Fair Handgun Policyhttps://texasappeals.org/2024/10/in-re-state-state-fair-handgun-ban/Mon, 07 Oct 2024 07:00:00 -0500https://texasappeals.org/2024/10/in-re-state-state-fair-handgun-ban/The court denied the State’s petition for writ of mandamus and its emergency motion for temporary relief in an order that gives no reasons. A three-justice concurrence stated that the State had not argued that Texas law obligates the privately operated State Fair to allow handguns.Supreme Court of Texas Orders Dallas to Remove Three Council-Initiated Charter Propositions From November Ballothttps://texasappeals.org/2024/09/in-re-dallas-hero-charter-propositions/Mon, 16 Sep 2024 07:00:00 -0500https://texasappeals.org/2024/09/in-re-dallas-hero-charter-propositions/The court held that the ballot language for the City Council’s Propositions K, M and N was misleading because it did not disclose that each conflicted with and proposed to nullify a citizen-initiated charter amendment on the same ballot. It directed the City to remove the three propositions.