In re Powell v. Hocker (original by judge yeary)Annotate this Case
Relator, Matthew Powell, District Attorney of Lubbock County, sought to have the Court of Criminal Appeals compel Respondent, Judge Hocker, a county court at law judge, to rule in a certain way in a discovery dispute arising from a misdemeanor prosecution for driving while intoxicated (DWI). A threshold issue was whether the court of appeals had concurrent jurisdiction such that Relator should have filed his application for writ of mandamus in that court under "Padilla v. McDaniel," (122 S.W.3d 805, 808 (Tex. Crim. App. 2003)). The Court held that the court of appeals did not have concurrent jurisdiction and that Relator therefore properly filed his original mandamus application with the Court of Criminal Appeals. On the merits of the mandamus issue, the Court held that Relator satisfied the criteria for obtaining mandamus relief.