Narrative Opinion Summary
Sean Powers, in his official capacity as an assistant district attorney with the Harris County District Attorney’s Office, filed a petition for a writ of mandamus to compel the trial court to withdraw or amend its June 25, 2021, order of show cause, which he argues lacks adequate notice. He also requested emergency relief to stay impending contempt proceedings set to commence on September 2, 2021. The Court granted the motion, staying both the June 25 order and the contempt proceedings while the petition is under consideration. The respondent, Judge Franklin Bynum, is required to respond to the petition within 20 days of the order date, September 1, 2021. The decision was made by a panel of Justices Kelly, Hightower, and Farris.
Legal Issues Addressed
Emergency Relief in Contempt Proceedingssubscribe to see similar legal issues
Application: The court granted a motion for emergency relief to stay contempt proceedings pending consideration of the writ petition.
Reasoning: He also requested emergency relief to stay impending contempt proceedings set to commence on September 2, 2021. The Court granted the motion, staying both the June 25 order and the contempt proceedings while the petition is under consideration.
Judicial Response Requirementsubscribe to see similar legal issues
Application: The court required the respondent, Judge Franklin Bynum, to respond to the petition within a specified timeframe.
Reasoning: The respondent, Judge Franklin Bynum, is required to respond to the petition within 20 days of the order date, September 1, 2021.
Writ of Mandamus in Criminal Proceedingssubscribe to see similar legal issues
Application: The assistant district attorney filed a petition for a writ of mandamus to challenge the trial court's order due to inadequate notice.
Reasoning: Sean Powers, in his official capacity as an assistant district attorney with the Harris County District Attorney’s Office, filed a petition for a writ of mandamus to compel the trial court to withdraw or amend its June 25, 2021, order of show cause, which he argues lacks adequate notice.