IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-84,324-02 and WR-84,324-03
In re RICKEY DONNELL CUMMINGS, Relator
ON MOTION FOR LEAVE TO FILE EMERGENCY APPLICATION FOR WRIT
OF MANDAMUS AND WRIT OF PROHIBITION, EMERGENCY
APPLICATION FOR WRIT OF MANDAMUS AND WRIT OF PROHIBITION,
AND EMERGENCY MOTION FOR STAY OF TRIAL COURT ORDER TO
PROVIDE DISCOVERY OF PRIVILEGED COMMUNICATIONS IN CAUSE NO.
2011-1513-C1 IN THE 19 TH DISTRICT COURT
McLENNAN COUNTY
Per curiam.
ORDER
We have before us a motion for leave to file an application for a writ of mandamus
and a writ of prohibition, an application for a writ of mandamus and a writ of prohibition,
and an Emergency Motion for Stay of Trial Court Order to Provide Discovery of
Privileged Communications. In November 2012, a jury convicted relator of the offense
Cummings - 2
of capital murder. The jury answered the special issues submitted pursuant to Texas Code
of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at
death. This Court affirmed relator’s conviction and sentence on direct appeal. Cummings
v. State, No. AP-76,923 (Tex. Crim. App. Dec. 17, 2014)(not designated for publication).
The Office of Capital and Forensic Writs (OCFW) filed an initial writ of habeas corpus
application in the trial court on relator’s behalf in September 2014. A hearing on certain
claims raised in that application was thereafter started in June 2015.
During the hearing, the State moved the court to order the disclosure of emails
exchanged between relator’s trial counsel and between counsel and other members of the
defense team. Relator’s habeas counsel objected to the disclosure.
Before this Court makes a decision on relator’s motion for leave to file, we would
like to give the State and the trial court an opportunity to respond. Therefore, the
prosecutor and the Honorable James E. Morgan, Judge of the 19th District Court,
presiding by appointment, have 30 days from the date of this order to file any response to
relator’s pleadings. Enforcement of the discovery order and any scheduled hearing on the
habeas application are stayed pending further order of this Court.
IT IS SO ORDERED THIS THE 7TH DAY OF APRIL, 2016.
Do Not Publish