Legal Opinion

Lizcano v. Chatham

Court of Criminal Appeals of Texas

Decided October 5, 2011No. WR-68,348-02PublishedCited by 76 opinions

1Opinion of the Court

CONCURRING STATEMENT

ALCALA, J.,

filed a concurring statement,

in which COCHRAN, J., joined.

Relator Juan Lizcano challenges the respondent trial judge’s order compelling discovery. Relator’s application for a writ of mandamus asks whether the State is entitled to discover all of a defense attorney’s trial files when a defendant challenges the effectiveness of that attorney in a writ of habeas corpus. Because the vagueness of the trial court’s discovery order renders this issue not ripe for judicial review, we cannot answer relator’s question at this juncture.

Respondent’s discovery order…

2Cases cited3 opinions

  1. Patterson v. Planned Parenthood of Houston and Southeast Texas, Inc.Texas Supreme Court · 1998
  2. Barnes v. WhittingtonTexas Supreme Court · 1988
  3. Dominguez v. Gilbert, Texas Court of Appeals, 3rd District (Austin)2001

3Cited by76 opinions

  1. In re FlaniganCourt of Appeals of Texas · 2019
  2. In re METROPCS Communications, Inc.Court of Appeals of Texas · 2013
  3. In Re John Henry Garber v. the State of Texas, Texas Court of Appeals, 6th District (Texarkana)2025
  4. In Re John Henry Garber v. the State of Texas, Texas Court of Appeals, 6th District (Texarkana)2026
  5. Stone, Alfred LeeCourt of Appeals of Texas · 2015

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