State of Texas, ex Rel., John B. Holmes v. Honorable Woody R. Denson, Judge, Respondent

Summary

The Court denied the District Attorney's writ of mandamus to reinstate six dismissed indictments, holding that the trial judge lost jurisdiction upon dismissal and therefore mandamus does not lie on that point. The Court held that mandamus does lie to vacate the judge's order prohibiting the State from refiling charges, but anticipated the judge would vacate that portion without a writ. Justice Clinton filed a concurring opinion disagreeing with the majority's reliance on White v. Reiter and affirming the denial of mandamus regarding reinstatement.