In re Andrew Pete

No. 14-21-00073-CR (Tex. App.—Houston [14th Dist.] Feb. 11, 2021) · Fourteenth Court of Appeals of Texas · February 11, 2021 · No. No. 14-21-00073-CR

Summary

The Texas Fourteenth Court of Appeals abated Andrew Pete’s mandamus proceeding concerning a motion to compel production of law-enforcement disciplinary records. Because the respondent judge no longer held office, the court directed his successor to reconsider the ruling and report the action taken by March 11, 2021.

Holdings

  1. When the respondent trial judge ceases to hold office while a mandamus proceeding concerning that judge's ruling is pending, the appellate court must abate the proceeding to permit the successor judge to reconsider the challenged ruling.

Questions Presented

  1. Whether the mandamus proceeding should be abated because the respondent trial judge left office before the appellate court resolved the petition.
  2. Whether the successor trial judge should be permitted to reconsider the challenged ruling concerning production of law-enforcement disciplinary records.

Disposition

other

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