Marshall v. Wilson

POPE, Justice.

Bonita Dean Marshall seeks a writ of mandamus directing the Judge of the 18th District Court of Johnson County to grant a writ of habeas corpus releasing her eight-year-old child, Carolynda, from the unlawful possession of William Pacheco, the child’s father.

We conditionally grant the writ of mandamus as we have done on a number of occasions, and for the reason we stated in Strobel v. Thurman, 565 S.W.2d 238, 239 (Tex.1978): “Upon proof of the prior order, absent dire emergency which is not here urged and which under the facts proved does not exist, the grant of the writ should…