IN RE MARK LYLE BELL (other)

IN THE COURT OF CRIMINAL APPEALS 
OF TEXAS 

NO. WR-28,252-02
IN RE MARK LYLE BELL, Relator
ON PETITION FOR A WRIT OF MANDAMUS AND/OR PROHIBITION
IN CAUSE NO. 416-80453-08 IN THE 416TH DISTRICT COURT 
COLLIN COUNTY 
Per curiam.
O R D E R

Relator filed a motion for leave to file and a petition for a writ of mandamus and/or prohibition, invoking our constitutional authority to issue writs of mandamus and prohibition in criminal law matters. Tex. Const. art. V, 5. The petition requests that we issue a writ of mandamus and/or prohibition in the underlying case, requiring the Fifth Court of Appeals in Dallas to rescind its December 8, 2009 order denying mandamus relief and issue its writ of mandamus requiring either that the Collin County District Attorney recuse himself and his office from this prosecution or requiring that the District Court issue an order disqualifying the District Attorney and his office from the prosecution. Alternatively, relator requests that this Court issue a writ of mandamus or prohibition directly against either the respondent District Attorney or the respondent District Judge to compel recusal of the District Attorney and his office. Relator first filed a petition for a writ of mandamus and/or prohibition in the Fifth Court of Appeals in Dallas. In re Mark Bell, No. 05-09-01420-CV (Tex. App.-Dallas, Dec. 8, 2009) (not designated for publication). The Court of Appeals concluded that relator did not show entitlement to relief and denied the petition. Id.

Two of the respondents, the Judge of the 416th District Court of Collin County, and the Collin County District Attorney, are ordered to file responses with this Court. The trial judge is also ordered to instruct the district clerk and/or court reporter to supplement the record with (1) any documents or motions filed in relation to the recusal or disqualification of the district attorney's office and (2) the transcripts of any hearings held on the issue. The supplementation shall be completed within 30 days of the date of this order.

The motion for leave to file a petition for a writ of mandamus and/or prohibition will be held in abeyance until the record is supplemented and the respondents have submitted the appropriate responses. Such responses shall be submitted within 30 days of the date of this order. The proceedings in Collin County Cause Number 416-80453-08 are stayed pending further order of this Court.

IT IS SO ORDERED THIS THE 3rd DAY OF February , 2010 .

Filed: February 3, 2010

Do Not Publish