Opinion
11-23-00210-CR
09-18-2023
IN RE MEGAN MARIE LANGE
Do not publish. See Tex.R.App.P. 47.2(b).
Original Mandamus Proceeding
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
This mandamus proceeding arises from the trial court's order granting the State's motion to release the body of the alleged victim in a capital murder case. In her petition, Relator asserts that preservation of the alleged victim's body is necessary to "enforce [her] due process right to an independent expert inspection" of the body and to "protect [her] statutory discovery rights under Texas state law." In this regard, Relator states that Dr. Janice Ophoven, a pediatric forensic pathologist, has concluded that a second autopsy of the body "is 'needed to adequately determine the correct manner and cause of death.'" Relator states that, without preservation of the body, she will "lose a reasonable opportunity to prepare her defense." In her petition, Relator requests this court to issue "a temporary order enjoining the trial court from enforcing its order" until we have "had time to rule" on the petition.
Pursuant to Tex.R.App.P. 52.10(b), this court hereby orders that all actions and proceedings related to the trial court's order granting the State's "MOTION TO RELEASE BODY OF VICTIM" be temporarily stayed pending further order of this court or final disposition of this mandamus proceeding. Relator is directed to provide this court with information, in writing, on or before October 2, 2023, regarding her progress in securing a pathologist to perform a second autopsy.