State of Texas ex rel. Hon. Tim Curry, Criminal District Attorney, Tarrant County, Applicant v. Honorable Gordon…

Summary

The Court denied the State's petition for a writ of mandamus to vacate a pre‑trial order that barred a capital‑murder prosecution, holding that the order was a discretionary judicial act and not ministerial. It explained that mandamus is unavailable because the act sought requires judgment, and although the State has no other remedy, that does not create a ministerial duty. The petition was therefore denied.