In Re Adam Horwitz v. the State of Texas
Docket 02-26-00217-CV
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- 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
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
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
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
2