Summary
This document is an emergency motion for leave to file, and petition for, a writ of mandamus in the Texas Court of Criminal Appeals. The relator, the Madison County District Attorney, seeks to compel the 278th Judicial District Court to vacate its withdrawal of Raphael Deon Holiday's November 18, 2015 execution date and reinstate that date. The filing argues that the trial court lacked authority to withdraw the execution date under Texas law.
Questions Presented
- Whether the State had no adequate remedy by appeal from the trial court's order withdrawing the execution date.
- Whether the convicting court had authority under Texas Code of Criminal Procedure article 43.141(d) to withdraw an execution date based on the asserted need for additional proceedings on a subsequent habeas application.
- Whether the State was clearly entitled to mandamus relief compelling the trial court to vacate its order and reinstate the execution date.
Disposition
other
Cases Cited (10)
- State ex rel. Watkins v. Creuzot, 352 S.W.3d 493, 499 (Tex. Crim. App. 2011)(followed)
- State ex rel. Sutton v. Bage, 822 S.W.2d 55, 57 (Tex. Crim. App. 1992)(followed)
- State ex rel. Healey v. McMeans, 884 S.W.2d 772, 774 (Tex. Crim. App. 1994)(followed)
- Texas Department of Corrections v. Dalehite, 623 S.W.2d 420, 424 (Tex. 1981)(followed)
- State ex rel. Wilson v. Briggs, 351 S.W.2d 892, 894 (Tex. Crim. App. 1961)(followed)
- Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996)(overruled_authority)
- In re Roach, No. WR-41,168-08 (Tex. Crim. App. June 17, 2008) (per curiam)(followed)
- Holiday v. State, AP-74,446; AP-74,447; AP-74,448, 2006 Tex. Crim. App. Unpub. LEXIS 737 (Tex. Crim. App. Feb. 8, 2006)(background)
- Holiday v. Texas, 549 U.S. 1033 (2006)(background)
- Holiday v. Stephens, No. 13-70022 (5th Cir. Oct. 14, 2014; Dec. 29, 2014)(background)
Cited In (0)
No citing cases on record yet.
Court Document
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