[DOWNLOAD] "State Texas Ex Rel. John F. Healey v. Hon. Walter S. Mcmeans" by Court of Criminal Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: State Texas Ex Rel. John F. Healey v. Hon. Walter S. Mcmeans
- Author : Court of Criminal Appeals of Texas
- Release Date : January 13, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
Opinion ON REALATOR'S APPLICATION FOR WRIT OF MANDAMUS Relator John F. Healey, Jr., District Attorney of Fort Bend County,
seeks a writ of mandamus from this Court directing respondent Walter S. McMeans, Judge of County Court at Law Number Two of
Fort Bend County, to vacate his orders granting motions to quash four subpoenas. The subpoenas in question commanded four
newsmen to appear and give evidence in a pending criminal prosecution. We will conditionally grant the writ. The Relevant Facts Sometime in late 1992 or early 1993, relator presented an information in respondent's court charging Newell
Willard Evans, a funeral home operator, with abuse of a corpse. See Tex. Penal Code § 42.10. On June 17, 1993, relator subpoenaed
four local television newsmen, commanding them to give testimony and produce any videotapes they had concerning the alleged
offense.1 The newsmen promptly filed motions to quash on the ground that they had a qualified privilege, under the First
Amendment to the United States Constitution2 and Article I, § 8, of the Texas Constitution,3 not to testify or produce
other evidence at any criminal trial. See 1 J. Strong (ed.), McCormick on Evidence § 76.2 (4th ed. 1992) (discussing alleged
"newsman's privilege").