Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00832-CR
IN RE Brian Keith GORHAM
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: January 11, 2017
PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT
On December 27, 2016, Relator filed a petition for writ of mandamus complaining the trial
judge, the Honorable Mary Roman, failed to follow the procedures required after Relator filed a
motion to recuse her from presiding over a pending habeas corpus proceeding. See TEX. R. CIV.
P. 18a. Relator also filed an emergency motion to stay proceedings at the trial court pending
resolution of his petition for writ of mandamus.
Judge Roman has been succeeded on the bench, thus rendering Relator’s motion to recuse
Judge Roman moot. Generally, we are required to abate a mandamus proceeding when the original
judge is succeeded, to allow the successor to reconsider the original judge’s decision. TEX. R. APP.
P. 7.2(b). However, because Relator’s motion to recuse has been rendered moot, in the interest of
1
This proceeding arises out of Cause No. 2012CR10383 W1, styled State of Texas v. Brian Keith Gorham, pending
in the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary D. Roman presiding.
04-16-00832-CR
judicial economy and for good cause, we suspend the application of rule 7.2(b) to the extent
abatement of this case may be mandatory. TEX. R. APP. P. 2; see In re Lawson, No. 13-02-716-
CV, 2003 WL 1562550 at *1 (Tex. App.—Corpus Christi 2003, orig. proceeding) (mem. op.). We
dismiss the petition for writ of mandamus as moot, and deny Relator’s motion for emergency stay.
See TEX. R. APP. P. 2.
PER CURIAM
DO NOT PUBLISH
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