IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,092-01

IN RE THE STATE OF TEXAS EX REL. BILL D. HICKS, Relator

ON MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS AND PETITION FOR WRIT OF MANDAMUS IN CAUSE NO. 20020D00230 IN THE 327TH CRIMINAL DISTRICT COURT EL PASO COUNTY

NEWELL, J., filed a concurring and dissenting opinion in which WALKER, J., joined.

I agree with the Court’s order granting leave to file and granting Relator’s mandamus petition regarding the trial court’s withdrawal of Real Party In Interest’s execution date. 1 I concur in that portion of the

See, e.g., In re State of Texas ex rel. Brian Risinger, No. WR-84,212-01 (Tex. Crim. App. Nov. 18, 2015) (not designated for publication), available at https://search.txcourts.gov/ SearchMedia.aspx?MediaVersionID=bac263ec-4322-43d7-b93f-4285b36682de&coa=coscca &DT=ORDER&MediaID=febd8768-e59a-4540-b4bb-d39528c7123e.

Hicks — 2 Court’s order. But I disagree with the Court’s order granting mandamus relief regarding the trial court’s discovery order. I would instead request responses from the parties regarding the trial court’s authority to order discovery under these circumstances before deciding the issue. Because the Court does not, I dissent to that portion of the Court’s order.

Filed: September 18, 2023 Do Not Publish