The Field Review - Local

The 3rd Court of Appeals Requests Lower Court’s Decision on Pre-Indictment Habeas Corpus Application and Motion to Dismiss

On or about June 14, 2021, a petitioner for pre-indictment habeas corpus relief was requested to fill out new bond paperwork without an order. This occurred in the Hays County Court at Law where the Honorable Judge Linda Rodriguez presided in a hearing to remove a bail bond for a charge that is not valid.

However, she did not sign the order to dissolve the bail bond. The petitioner would not sign the new paperwork without a written order from the court.

An appeal was filed in the cause and sent to the 3rd Court of Appeals to render a judgement. The petitioner already knew the lower court would be ordered to render a written decision. On November 16, 2021, the 3rd Court of Appeals rendered such a decision.

The court ruled to, “abate [the] appeal and direct the trial court to either sign an order ruling on [the petitioner’s] application or to hold a hearing to determine whether a final order was actually entered.”

There is a current criminal charge filed in Hays County Court at Law 1, and given cause number 21-2259CR-1 for an allegation of harassment, but the pre-trial indictment application can dismiss that cause. Since there has been a lot of information presented since the time of the initial pre-indictment hearing, anything is possible.

The allegation was made by a Police Chief that he was being stalked, but a Petition of Mandamus filed in Hays County District Court, under cause 21-2336, provides a different explanation for the events in question.

Now the Judge will need to decide if she wants to sign an order, or hold a new hearing. No matter what is decided, the petitioner will be able to appeal the decision, if he is not satisfied with the outcome. This process, as mentioned before, can halt the criminal proceeding already ongoing.