Appellate Review by Mandamus and Prohibition in Texas Criminal Litigation
Dix, George E.
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Examines the availability of writs of mandamus and prohibition to accomplish appellate review of trial court actions in Texas criminal litigation. The article discusses the history and development of the writ authority in Texas. The article continues by analyzing the availability of other remedies, including relief sought by the state, relief sought by a nonparty, and relief sought by the accused; the discretionary nature of the writs; writ relief and the policy against state appeals; and the scope of review in the writ process. The article makes suggestions and conclusions about each of these four major issues. The article concludes by analyzing the future of the writs in Texas criminal litigation including the availability of other remedies, the discretionary nature of the writs, the limited state access to the appellate courts, and the scope of review.