NUMBER 13-14-00303-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
RICHARD BIANCHI, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On Appeal from the 343rd District Court
of Aransas County, Texas.
NUMBER 13-14-00311-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE RICHARD BIANCHI
On Petition for Writ of Mandamus and
Petition for Writ of Prohibition and
Emergency Motion for Relief.
ORDER
Before Chief Justice Valdez and Justices Perkes and Longoria
Order Per Curiam
On June 6, 2014, in cause number 13-14-00303-CV, the State of Texas, acting by
and through Michael Welborn, the Aransas County District Attorney, filed its “State’s
Response to Emergency Motions,” in which it requests that this Court lift, partially, lift, or
clarify the stay currently in effect in this case. The State contends in part, that Richard
Bianchi “may be replaced with a successor at any time the Aransas County
Commissioner’s Court may choose to appoint one,” and thus the State requests that “to
the extent that the present stay may arguably prevent or discourage such action, the State
would request that this Court partially lift, or clarify, its order to allow for that possibility.”
This Court has issued two orders of stay concerning the underlying proceedings:
an order issued on June 2, 2014 in appellate cause number 13-14-00303-CV, and an
order issued on June 4, 2014 in appellate cause number 13-14-00311-CV.
The Court, having examined and fully considered the State’s request, is of the
opinion that it should be granted in part and carried with the case in part as stated herein.
We GRANT the State’s request insofar as we issue this order of clarification in both
appellate causes. The stay orders previously issued in these causes do not affect or
impair the ability or duty of the Aransas County Commissioner’s Court with regard to any
actions that would be encompassed in its normal course of business, including, but not
limited to, any potential appointments. All other relief sought by the State is CARRIED
WITH THE CASE.
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IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
11th day of June, 2014.
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in Re Richard Bianchi, Aransas County Attorney
Combined Opinion