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STATE EX REL. WADE v. STEPHENS

No. 05-86-01276-CV.

724 S.W.2d 141 (1987)

The STATE of Texas ex rel. Henry WADE, Criminal District Attorney, Dallas County, Texas, Relator, v. Gary STEPHENS, Judge, Criminal District Court No. 3, Dallas County, Texas, Respondent.

Court of Appeals of Texas, Dallas.

February 23, 1987.

Attorney(s) appearing for the Case

Henry Wade, Pamela K. Sullivan, Dallas, Robert Huttash, Austin, for relator.

Kerry W. Young, Sharon L. Caldwell, Staff Attys., for respondent.

Before GUITTARD, C.J., and HOWELL and BAKER, JJ.

BAKER, Justice.

This is an original proceeding filed on behalf of the State of Texas to prevent the respondent, presiding judge of Criminal District Court No. 3 of Dallas County, from enforcing his order requiring an aggravated sexual assault complainant to submit to a physical examination. The State contends this order is void because it exceeds the trial court's limited authority to order pretrial discovery in a criminal case. We agree; and for the reasons discussed...

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