In re Amir Husain--Appeal from 187th Judicial District Court of Bexar County

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: June 23, 2004

PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT

On June 14, 2004, Amir Husain filed a petition for a writ of mandamus to compel the trial court to stay the trial in Cause No. 2003-CR-2036, pending in the 187th Judicial District Court, Bexar County, Texas, until after this court has decided Husain's appeal of the denial of his pretrial application for a writ of habeas corpus on double jeopardy grounds. This court issued an order temporarily staying the trial and ordered a response. The respondent and the real party in interest filed a joint response stating in part:

Upon receipt of this Court's order of this date the Respondent declared a second mistrial and dismissed the jury panel. No date has been set to resume the trial. Moreover, no new trial dates will be set by the Respondent until such time as this Court has resolved the pre-trial jeopardy appeal being pursued by the Petitioner/Defendant in this Court.

Upon receiving this response, we ordered Husain to show cause why his petition for a writ of mandamus should not be dismissed as moot. In his reply, Husain does not dispute the State and Respondent's statements that a mistrial has been declared and that no new trial date has been set; nor does he state a reason why his petition for a writ of mandamus should not be dismissed as moot.

Because Husain is no longer being put to trial while the habeas appeal is pending, the petition for a writ of mandamus is moot. Accordingly, relator's petition for a writ of mandamus is dismissed and our June 14, 2004 order temporarily staying the trial is vacated. All costs incurred in this proceeding shall be borne by the State. The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.

PER CURIAM

1. This proceeding arises out of Cause No. 2003-CR-2036, styled The State of Texas v. Amir Husain, pending in the 187th Judicial District Court, Bexar County, Texas. Although the Honorable Raymond Angelini is the presiding judge of the 187th Judicial District Court, Bexar County, Texas, the Honorable C. W. Duncan, sitting by assignment, presided over the trial of the cause and signed the order denying Husain's motion to continue the trial pending resolution of his habeas corpus appeal (the subject of this mandamus proceeding).