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TEXAS BD. OF PARDONS & PAROLES v. MILLER

No. 62121.

590 S.W.2d 142 (1979)

TEXAS BOARD OF PARDONS & PAROLES, Petitioner, v. Chuck MILLER, Judge, Respondent.

Court of Criminal Appeals of Texas, En Banc.

November 28, 1979.

Attorney(s) appearing for the Case

Mark White, Atty. Gen. of Texas, John W. Fainter, Jr., Ted L. Hartley, W. Barton Boling, Joe Chumlea and Renea Hicks, Asst. Attys. Gen., Dallas, for petitioner.

Charles E. Miller Jr., Roark M. Reed, Dallas, and Robert Huttash, State's Atty., Austin, for the State.

Before the court En Banc.

OPINION

DOUGLAS, Judge.

Petitioner, the Texas Board of Pardons and Paroles (hereinafter referred to as the Board), filed this petition for a writ of mandamus pursuant to Article 5, Section 5, Texas Constitution, to order a trial judge not to deliver a file of a parolee to his counsel in a case involving a different offense from that of which he was originally convicted. The requested relief is granted in part and denied in part.

On June 20, 1979...

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