The Honorable v. Murray Jordan, Judge, Relator, v. the Honorable Court of Appeals for the Fourth Supreme Judicial…

Summary

The Texas Supreme Court held that the statutory privilege under Tex. Rev. Civ. Stat. Ann. art. 4447d, §3 applies to certain committee‑generated documents but that the privilege was waived, rendering all the documents discoverable, and that the Court of Appeals abused its discretion in upholding the privilege claim. The Court granted the mandamus petition conditionally, directing the appellate court to vacate its order. Justice Gonzalez concurred in part and dissented in part, disagreeing that the privilege was waived and objecting to the burden‑shifting analysis; Justice Robertson filed a concurring opinion agreeing the privilege was waived.