X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Criminal Law No. 55-903, 5/21/2003. Click here for the full text of this decision FACTS: The court denied leave to file a writ of mandamus. CONCURRENCE: Johnson, J.; Price and Cochran, JJ., join. “The prerequisites for granting relief by writ of mandamus are well known: a purely ministerial duty, and no other adequate remedy at law. In the case before us, the respondents urge that they have no adequate remedy at law and that the trial judge had a clear ministerial duty to quash the subpoenae. In support, relators direct us to our recent decision in State ex rel. Rosenthal v. Poe, 98 S.W.3d 194 (Tex. Crim. App. 2003). This case is easily distinguished from that case: the standards and issues surrounding a public trial are considerably different from the standards and issues involved in a grand-jury investigation, a secret process. “Relators’ claims of no adequate remedy at law are not yet ripe. While the subpoenae have been issued, there is no claim that any relator has been called to appear before the grand jury or has been asked to answer questions that would impinge on relators’ First Amendment rights. This is not to say that relators must literally go to jail before such rights may be asserted; I note only that, at the time this motion for leave to file was directed to this Court, no relator had committed an act that could be condemned as contemptuous.”

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.