Order entered December 20, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-01-01217-CR
EX PARTE KAREN MARIE RYAN
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. WX00-04842-P
ORDER
Before Justices Lang1, Fillmore2 and Evans3
Before the Court is appellant’s December 13, 2016 agreed motion to recall mandate. See
TEX. R. APP. P. 19.3. On September 17, 2001, we issued our opinion and judgment in this appeal
reversing the trial court’s order denying without a hearing the relief requested in appellant’s
application for writ of habeas corpus and remanding the cause for a hearing on the writ.
Appellant now requests that we recall the mandate issued in this case on April 15, 2002 because
it erroneously recites that this Court affirmed the trial court’s judgment. Appellant further
1
The Honorable Justice Douglas Lang succeeded the Honorable Justice Sue Lagarde, a member of the original
panel in this case, upon Justice Lagarde’s retirement.
2
The Honorable Justice Robert Fillmore replaces Justice Tom James, who was a member of the original panel in
this case but has since retired from this Court.
3
The Honorable Justice David Evans succeeded the Honorable Justice Joseph B. Morris, a member of the original
panel and author of the original opinion in this case, upon Justice Morris’s retirement.
requests that we reissue the mandate to correctly reflect the action of this Court pursuant to its
September 17, 2001 opinion and judgment.
Our review of the appellate record confirms that the mandate issued on April 15, 2002
does not reflect the Court’s disposition of the appeal in its September 17, 2001 opinion and
judgment. We therefore GRANT appellant’s agreed motion and withdraw the April 15, 2002
mandate. We ORDER the mandate be reissued to reflect the disposition in our opinion and
judgment dated September 17, 2001 where we reversed the trial court’s order denying without a
hearing the relief requested in appellant’s application for writ of habeas corpus and remanded the
cause for a hearing on the writ. See O’Neil v. Mack Trucks, Inc., 551 S.W.2d 32, 32 (Tex. 1977)
(mandate conflicting with court’s opinion and judgment recalled and reissued to correctly reflect
court’s action).
/s/ DAVID EVANS
JUSTICE