Opinion

Texas Department of Criminal Justice Texas Department of Public Safety Director Steven McCraw And Texas Attorney General Ken Paxton v. Matthew Bovee

Court
Texas Court of Appeals, 1st District (Houston)
Filed
May 7, 2020
Status
Published
Cited by
0 cases

The opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Texas Department of Criminal Justice; Texas Department of Public

Safety Director Steven McCraw; and Texas Attorney General Ken

Paxton v. Matthew Bovee

Appellate case number: 01-20-00311-CV

Trial court case number: D-1-GN-19-008849

Trial court: 345th District Court of Travis County

In this interlocutory appeal, Appellants Texas Department of Criminal Justice, Texas

Department of Public Safety Director Steven McCraw (in his official capacity only) and Texas

Attorney General Ken Paxton(in his official capacity only) appeal from the trial court’s March 6,

2020 orders (1) denying their plea to the jurisdiction and (2) granting a temporary injunction

enjoining them from requiring appellee to register as a sex offender or participate in sex offender

therapy. See TEX. CIV. PRAC. & REM. CODE §§ 51.104(a)(4) (authorizing interlocutory appeal from

temporary injunction); 51.104(a)(8) (authorizing interlocutory appeal from denial of plea to

jurisdiction). Appellants have filed an emergency motion requesting that this Court stay the

temporary injunction during the pendency of their appeal. Appellants’ motion is DENIED.

In response to Appellants’ motion, Appellee Matthew Bovee filed a “Motion for

Emergency Relief and Petition for Injunction” requesting that this Court (1) enjoin Appellants

from conducting hearings based on the procedures set out in Texas Administrative Code Title 37,

Part 5, Chapter 148 and Board of Pardons and Paroles Directive 148.300; and (2) further enjoin

Appellants from requiring appellee to register as a sex offender while the appeal is pending.

Appellee has also filed an “Emergency Motion to Stay Appellants’ Motion for Emergency Stay.”

Appellee’s motions are DENIED.

It is so ORDERED.

Judge’s signature: ____/s/ Gordon Goodman____

Acting individually

Date: _____May 7, 2020____

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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