In Re: Bobby Yates--Appeal from 6th District Court of Lamar County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-11-00078-CR ______________________________ IN RE: BOBBY YATES Original Mandamus Proceeding Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Bobby Yates filed a petition for writ of mandamus in which he asked this Court to order the 6th Judicial District Court of Lamar County to withdraw a gag order entered in connection with an underlying sexual assault case, and also to direct that court to withdraw its denial of his motion for continuance. We have received a response from the trial judge, with copies of orders attached which rescind the gag order in its entirety and grant a continuance so that a newly retained attorney can represent Yates at trial. The issues raised by the mandamus are therefore moot. We deny the petition for writ of mandamus. Bailey C. Moseley Justice Date Submitted: Date Decided: April 25, 2011 April 26, 2011 Do Not Publish 2

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