Homan v. Hughes

I dissent to the handling of this entire matter. The Court of Criminal Appeals, essentially an appellate court, should use restraint in exercising its original jurisdiction. No question but what this Court may issue writs of mandamus regarding criminal law matters and to enforce its own jurisdiction. Article V, § 5, Texas Constitution; Article 4.04, V.A.C.C.P.; Broggi v. Curry, 571 S.W.2d 940 (Tex.Cr.App.1978). However, traditional rules govern the issuance of any writ of mandamus.1 Mandamus is an extraordinary writ and is never to be granted unless applicant (relator) proves a clear right to…