ACCEPTED
N/A
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/19/2016 6:30:29 AM
CHRISTOPHER PRINE
CLERK
No. 01-16-00073-CR
FILED IN
No. 01-16-00074-CR 1st COURT OF APPEALS
HOUSTON, TEXAS
2/19/2016 6:30:29 AM
In The
CHRISTOPHER A. PRINE
Clerk
First Court of Appeals
In re The City of Meadows Place, Texas §
and Gary Stewart, Chief of Police §
§
Relators. §
Unopposed Motion to Dismiss Original Proceeding as Moot
To The Honorable First Court of Appeals:
Relators The City of Meadows Place, Texas and Gary Stewart, Chief of Police
move to dismiss these original proceedings for writ of mandamus and writ of
prohibition because the order under review has become moot.
1. These original proceedings arise from an order issued by Respondent Hon.
Ruben Guerrero, Presiding Judge of the 174th Criminal District Court in Harris
County, Texas. R. 15. The subject order directed the City of Meadows Place,
Texas, and Gary Stewart, Chief of Police, to register an individual as a sex offender
within the jurisdiction of The City of Meadows Place, Texas, but at a place that is
in violation of the City’s ordinance regulating registration of sex offenders. The
contested order was entered on January 14, 2016.
2. On February 15, 2016, Respondent issued a new order that vacates the
January 14 Order to Register. See Supp. R. 30 and Order attached as Appendix
Item 1. The Order vacates the conditions granting Real Party in Interest Shane
West permission to reside in The City of Meadows Place, Texas. The Order also
vacates any prior findings Respondent may have made as to the City’s ordinance
regarding registered sex offenders. See id.
3. In light of Respondent’s February 15 Order, these original proceedings for
writ of mandamus and prohibition have become moot. Murphy v. Hunt, 455 U.S.
478, 481 (1982) (explaining a case becomes moot when the issues presented are no
longer live or the parties lack a legally cognizable interest in the outcome). The
nature of the subsequent order, under which the Real Party in Interest will not
reside within the jurisdiction of The City of Meadows Place, Texas, disposes of any
controversy between the parties to the original proceedings. Accordingly, the
original proceedings are moot and the Court no longer has jurisdiction. See In re
Burks, No. 01-02-01053-CV, 2002 WL 31684686, at *1 (Tex. App.—Houston [1st
Dist.] Nov. 27, 2002, orig. proceeding).
4. Therefore, Relators The City of Meadows Place, Texas and Gary Stewart,
Chief of Police move to dismiss these original proceedings. They request that the
order of dismissal and judgment of this Court reflect that Relators bear his or its
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4846-0833-6686, v. 1
own taxable costs of court reflected in this Court’s Bill of Costs. Relators request
other relief consistent with the dismissal.
Respectfully submitted,
Mills Shirley L.L.P.
By: /s/ George W. Vie III
George W. Vie III
State Bar No. 20579310
2228 Mechanic Street, Suite 400
Galveston, Texas 77550
(713) 571-4232
Fax (713) 893-6095
gvie@millsshirley.com
Attorneys for Relators
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4846-0833-6686, v. 1
Certificate of Conference
As required by Tex. R. App. P. 10.1(a)(5), I certify that I conferred on
February 17, 2016, with the counsel for Real Parties in Interest about the merits of
this motion:
Quentin Tate Williams
Hilder & Associates, P.C.
819 Lovett Blvd.
Houston, Texas 77006
Attorneys representing Real Party in Interest Shane West
Alan Curry
Harris County District Clerk - Criminal
1201 Franklin, Ste 3180
Houston, TX 77002
Attorneys representing Real Party in Interest State of Texas
□ opposes motion
X do not oppose motion
□ agrees with motion
□ would not say whether motion is opposed
□ was not contacted after hours
/s/ George W. Vie III
George W. Vie III
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4846-0833-6686, v. 1
CERTIFICATE OF SERVICE
As required by Tex. R. App. P. 6.3 and 9.5(b), (d), (e), I certify that I have
served this document on all other parties – which are listed below – on July 6, 2015,
as follows:
Quentin Tate Williams
Hilder & Associates, P.C.
819 Lovett Blvd.
Houston, Texas 77006
Attorneys representing Real Party in Interest Shane West
Alan Curry
Harris County District Clerk - Criminal
1201 Franklin, Ste 3180
Houston, TX 77002
Attorneys representing Real Party in Interest State of Texas
By: □ personal delivery
X e-service
□ commercial delivery service
□ fax
/s/ George W. Vie III
George W. Vie III
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4846-0833-6686, v. 1
Appendix Tab 1
02/08/2016 06:50:54 PM 713-755-1451 Page 5 / 5
Filed 16 February 08 P6:51
Chris Daniel - District Clerk
Harris County
FAX16309565
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NO 1374217
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STATROF TEXAS ~ TN THF, DTSTRTCT COlTRT
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SHANE WES'f § HARRIS COUNTY, TEXAS
ORDER
On this
And. if granted, the court ORDERS that this Court's January 14, 2016, "Order to
Rcgiscer Defendant as Sex Offender in City of Meadows Place, Texas·· is hereby
VACATED and SET ASIDE, including any findings therein. And that any findings, oral
or \vritten. made on January 22, 2016, about any ordinanl:e of the City of Meadows Place
are similarly VACATED and SET ASIDE.
Any specific conditions of community supervision granting Shane West permission
to reside at 2306 Meadow Berry Drive, Meadows Place or Stafford, Texas, 77477, entered
at anv time are also VACA TED and SET ASIDE. A 11 other terms and Conditions of
Community Supervision shall remain in effect until farther Order of this Court.
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IT IS ORDERED DATE: iw .2011 2016.
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