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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.”

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