State of Texas, ex rel. Bill Hill, Relator v. Court of Appeals for the Fifth District, Respondent

Summary

The Texas Court of Criminal Appeals held that the Court of Appeals abused its discretion in granting mandamus relief to compel the trial court to declare Article 44.04(b) unconstitutional, because the act sought was not ministerial and the relator lacked a clear legal right. Accordingly, the writ of mandamus was denied and the case was remanded for the Court of Appeals to conform its actions to this opinion.