Elbert E. Homan, Applicant v. Jon Hughes, Dist. Judge, Respondent

Summary

The Court of Criminal Appeals denied the applicant's petition for a writ of mandamus, holding that the trial court did not err in refusing to allow an appeal of the nunc pro tunc order because such an order is part of the deferred adjudication procedure and is not appealable. The Court also concluded that mandamus was unavailable since the applicant had no adequate remedy beyond the ordinary appellate process. Justice ONION dissented, arguing that mandamus should be denied as an extraordinary writ and that the matter should be heard by the Court of Appeals.