in Re: The State of Texas

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § § IN RE: No. 08-19-00183-CR § THE STATE OF TEXAS, AN ORIGINAL PROCEEDING § Relator. IN MANDAMUS § § OPINION This mandamus action in a family violence assault case is brought by the State to challenge two related orders by the trial court pertaining to pretrial discovery. In effect, the orders ratified a subpoena duces tecum requested by defense counsel which had been improperly issued and served upon the complaining witness of this case. The subpoena compelled the witness to turn over her cell phone to defense counsel at a set time…