In re K. Sunshine Stank, Lubbock County Dist. Atty. (original by judge newell)
Annotate this CaseRelator, Lubbock County District Attorney K. Sunshine Stanek, sought mandamus relief without first having sought the same relief from the Court of Appeals. Relator did not learn of this case until after the court of appeals delivered its opinion in the companion case, In re City of Lubbock, WR-93, 137-01. "While this scenario arguably justifies the exercise of this Court’s original mandamus authority," the Court declined review because Relator’s arguments were largely the same as those presented by the City of Lubbock in the companion case, and its resolution of those arguments necessarily resolved the arguments raised in this case. Consequently, the Court of Criminal Appeals dismissed the motion for leave to file as improvidently granted. "To the extent that Relator’s arguments in this case enhance the arguments raised in In re City of Lubbock, we will address them in that case by treating the filing in this case as an amicus brief."
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