Court of Criminal Appeals of Texas
Hill v. Court of Appeals for Fifth Dist.
January 10, 200134 S.W.3d 924
Summary
The Texas Court of Criminal Appeals held that the Fifth Court of Appeals abused its discretion in granting mandamus relief because the act it sought to compel—declaring article 44.04(b) unconstitutional—was not ministerial. Accordingly, the Court reversed the lower court's mandamus order and directed the appellate court to reconsider its action.