NUMBER 13-04-404-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE JOHN KEARNEY, ATTORNEY

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On Petition for Writ of Mandamus __________________________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Garza, and Wittig

Per Curiam Memorandum Opinion

         Relator, John Kearney, attorney, filed a motion for emergency stay and petition for writ of mandamus in the above cause on August 5, 2004. On August 5, 2004, the Court granted the motion for emergency stay and requested a response from the real parties in interest, LuAnn Whitehead and the State of Texas, and respondent, the Honorable J. Manuel Banales.

         The Court, having examined and fully considered the petition for writ of mandamus and the response from the real party in interest is of the opinion that relator has not shown himself entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8. Our stay of the trial court proceedings is hereby ordered LIFTED. The petition for writ of mandamus is DENIED.

                                                                        PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed

this 18th day of August, 2004.