State Ex Rel. Wade v. Stephens

BAKER, Justice.

This is an original proceeding filed on behalf of the State of Texas to prevent the respondent, presiding judge of Criminal District Court No. 3 of Dallas County, from enforcing his order requiring an aggravated sexual assault complainant to submit to a physical examination. The State contends this order is void because it exceeds the trial court’s limited authority to order pretrial discovery in a criminal case. We agree; and for the reasons discussed below, we conditionally grant a writ of mandamus instructing respondent to set his order aside.

The contested order was entered…