Rocha v. Schuble

OPINION

J. CURTISS BROWN, Chief Justice.

Relator, Jim Rocha, petitions this court seeking a writ of mandamus directing the respondent, the Honorable Henry G. Schu-ble, to vacate his prior order and issue a writ of habeas corpus directing the child’s mother, Neube Ruano, to deliver the child into the possession of the relator. We hold that the relator is entitled to the issuance of the writ of habeas corpus and conditionally grant the writ of mandamus.

In December of 1989, Jim Rocha and Neube Ruano ceased to reside with each other, at which time their child, Luis James Rocha, was approximately…