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In Re Adam Horwitz v. the State of Texas

Docket 02-26-00217-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

OtherDenied
Filed
Jurisdiction
Texas
Court
Texas Court of Appeals, 2nd District (Fort Worth)
Type
Lead Opinion
Case type
Other
Disposition
Denied
Docket
02-26-00217-CV

Original mandamus proceeding in the Second Court of Appeals reviewing a relator's petition challenging actions in County Criminal Court No. 4 of Denton County, Texas

Summary

The Texas court denied the relator's petition for a writ of mandamus and all related emergency and ancillary requests. The court considered the petition, an emergency motion for temporary relief, the State's response, a motion to amend the petition, and a motion for transcript, and concluded none warranted relief. The court also lifted its prior stay of trial-court proceedings, allowing the underlying criminal case to proceed in the trial court.

Issues Decided

  • Whether the relator was entitled to a writ of mandamus directing the trial court to take or refrain from specific action
  • Whether emergency temporary relief should be granted while the mandamus petition was considered

Court's Reasoning

The court reviewed the petition, the emergency motion, the State's response, the relator's request to amend, and the motion for transcript and determined that the relator failed to establish entitlement to the extraordinary relief requested. Because the standards for mandamus and emergency temporary relief were not met, the court denied all requested relief and removed the prior stay so trial-court proceedings could resume.

Parties

Relator
Adam Horwitz
Respondent
State
Judge
Birdwell
Judge
Kerr
Judge
Womack

Key Dates

Opinion delivered
2026-04-22
Prior stay issued (lifted)
2026-04-09

What You Should Do Next

  1. 1

    Proceed in trial court

    The parties should be prepared to resume proceedings in County Criminal Court No. 4 of Denton County now that the appellate stay has been lifted.

  2. 2

    Consider further appellate relief

    If the relator wishes to continue, consult counsel about seeking mandamus relief or other extraordinary review from a higher Texas court promptly due to timing considerations.

  3. 3

    Prepare record and transcript

    If an appeal or further petition is contemplated, ensure the trial-court record and transcripts are requested and preserved for any future filings.

Frequently Asked Questions

What did the court decide?
The court denied the relator's petition for a writ of mandamus, denied emergency relief, and lifted the temporary stay of trial-court proceedings.
Who is affected by this decision?
The relator, Adam Horwitz, the State, and the trial court handling CR-2025-01975-C in Denton County are directly affected because the trial proceedings may now continue.
What happens next in the underlying case?
With the appellate court's stay lifted, the trial court may proceed with hearings or trial activities in the criminal case.
Can this decision be appealed?
This is a denial of mandamus relief by the intermediate appellate court; the relator could seek further relief from the Texas Court of Criminal Appeals or pursue any available appellate or extraordinary remedies consistent with Texas law.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
In the
           Court of Appeals
   Second Appellate District of Texas
            at Fort Worth
         ___________________________
              No. 02-26-00217-CV
         ___________________________

        IN RE ADAM HORWITZ, Relator




                Original Proceeding
County Criminal Court No. 4 of Denton County, Texas
         Trial Court No. CR-2025-01975-C


       Before Birdwell, Kerr, and Womack, JJ.
        Per Curiam Memorandum Opinion
                            MEMORANDUM OPINION

       The court has considered relator’s petition for writ of mandamus, emergency

motion for temporary relief, the State’s response, relator’s request for leave to amend

petition for writ of mandamus, and relator’s motion for transcript, and the court is of

the opinion that all requested relief should be denied. Accordingly, relator’s petition

for writ of mandamus, emergency motion for temporary relief, and all other requested

relief is denied. We lift our April 9, 2026 stay of all trial court proceedings.

                                                        Per Curiam

Delivered: April 22, 2026




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