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

Summary

The Court of Criminal Appeals of Texas denied the applicant's petition for a writ of mandamus, holding that the trial court had authority to refuse permission to appeal the nunc pro tunc order and that mandamus was unavailable because the applicant had other adequate remedies. Justice Onion dissented, arguing that the writ should be denied and the matter should be pursued in the Court of Appeals under the proper procedural scheme.