There have been significant developments in both of the election-related mandamus cases that were sent back to the intermediate courts of appeals last Monday.
In re Cerda, Second Court of Appeals, No. 02-08-00018-CV. This is the case in which three Fort Worth firefighters are challenging Wendy Davis’s right to be on the Democratic primary ballot for Texas Senate District 10 (held by Sen. Kim Brimer). After the Texas Supreme Court dismissed the mandamus petition for failure to first go to the intermediate court of appeals, the Forth Worth Court has acted very quickly. It granted Relators’ motion to expedite and has set the case for oral argument in this order.
A response is due Tuesday at 5:00 pm. Oral argument is set for the next day: Wednesday, January 23rd at 11:00 am. An article with more information (and some very disparately sized photographs of the two candidates) ran in the Fort Worth paper on Friday.
Update 1-24-2008: The argument was held today and, as reported in the Fort Worth paper (but not yet on the court’s website), this afternoon the Second Court denied the writ of mandamus.
Not to be outdone, the Houston First Court of Appeals is already finished with the case involving House District 147 (held by Rep. Garnet Coleman) that had also originally been denied without prejudice. In re LaRhonda Torry, No. 01-08-00031-CV. On Tuesday, the Court issued a stay. And on Friday, the Court denied the petition.
As of Friday, In re LaRhonda Torry is back in the Texas Supreme Court under a new docket number (No. 08-0057). The Court immediately requested a response.