IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,409-01
In re THE STATE OF TEXAS ex rel. Jennifer A. Tharp, Relator
ON THE MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF
MANDAMUS IN CAUSE NO. CR2016-223
IN THE 433 RD JUDICIAL DISTRICT COURT
COMAL COUNTY
Per curiam.
ORDER
We have before us the State’s motion for leave to file a petition for a writ of
mandamus and a petition for a writ of mandamus. Defendant below and real party in
interest here, Mitchell Anthony Childers, stands charged by indictment in cause number
CR2016-223 with two counts of indecency with a child by contact. The victims in the
case were interviewed by a forensic interviewer at the Children’s Advocacy Center in
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New Braunfels, Texas, in June 2013. Although the defense has apparently had access to
the recordings of the interviews, the defense moved the trial court to order a transcription
of the recordings. The State objected that transcribing the recordings is prohibited under
Texas Code of Criminal Procedure article 39.15. The trial court ordered the transcription
over the State’s objection.
The State filed a petition for a writ of mandamus in the Third Court of Appeals.
After staying the proceedings below, the court of appeals denied relator relief and lifted
the stay. In re The State of Texas, ex rel. Jennifer A. Tharp, No. 03-16-00827-CV (Tex.
App.– Austin Feb. 10, 2017). On February 10, 2017, the State filed in this Court a motion
for the emergency stay of proceedings below, a motion for leave to file a petition for a
writ of mandamus, and a petition for a writ of mandamus. This Court granted the motion
to stay the proceedings below. In re The State of Texas ex rel. Jennifer A. Tharp, No.
WR-86,409-01 (Tex. Crim. App. Feb. 10, 2017).
The Court has now decided to file and set this case and order briefing. The parties
shall brief the issues raised by the pleadings. The real party in interest is also invited to
file a brief. All briefs shall be due in this Court within thirty (30) days of the date of this
order.
IT IS SO ORDERED THIS THE 15 th DAY OF FEBRUARY, 2017.
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