Opinion
No. 74,807.
Delivered: May 5, 2004. DO NOT PUBLISH.
On Application for a Writ of Mandamus from Harris County.
ORDER
Relator applied to this Court for a writ of mandamus ordering Hon. Susan Brown, Judge, 185th District Court of Harris County, to quash a grand jury subpoena. The subpoena was issued to a psychologist who was hired by the defense as a testifying expert and requested any and all medical records of the four-year-old son of Relator and the deceased. Relator filed a motion to quash, contending that the subpoena sought information that is attorney work product and is therefore protected from disclosure. Judge Brown conducted an in camera review of the information in question and, concluding that the information was not privileged, denied the motion to quash. The parties have notified the Court that Relator has been tried, convicted, and sentenced to twenty-five years in prison for the murder of the complainant. This cause now presents a moot question. We have previously held that when the question becomes moot, the case is dismissed. See Ex parte Sanchez, 145 Tex.Crim. 48, 165 S.W.2d 743 (Tex.Cr.App. 1942); Ex parte Marks, 144 Tex.Crim. 561, 165 S.W.2d 184 (Tex.Cr.App. 1942); Ex parte Spivey, 144 Tex.Crim. 578, 165 S.W.2d 111 (Tex.Cr.App. 1942); Ex parte Strawn, 146 Tex.Crim. 377, 175 S.W.2d 417 (Tex.Cr.App. 1943). See also 38 Tex.Jur.3d Extraordinary Writs § 174 (2004), stating that "A writ of mandamus will not issue if for any reason it would be useless or unavailing, or if the question has become moot. Mandamus will likewise not issue to compel the doing of a meaningless action." (footnotes omitted). The application for a mandamus is therefore dismissed.