Austin Appeals Court accepts Board of Pardons and Paroles' assurance that records will be preserved, and denies mandamus relief

In re Kelly Stinson, No. (Tex.App.- Austin, Aug. 14, 2007)(Opinion by Justice Henson)(mandamus denied)(Before Chief Justice Law, Justices Waldrop and Henson)
Appeal from 261st District Court of Travis County

ORIGINAL PROCEEDING FROM TRAVIS COUNTY
M E M O R A N D U M O P I N I O N

Kelly Stinson petitioned the Court for a writ of mandamus to compel the district court to act on his motion to protect documents in State custody that are the subject of pending litigation. Counsel for the Board of Pardons and Paroles, the real party in interest, has assured the Court that the documents are either not subject to or are exempt from the two-year destruction provision of the records retention schedule. Counsel assures the Court that all documents in question will be maintained. With this assurance, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).
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Diane Henson, Justice
Before Chief Justice Law, Justices Waldrop and Henson
Filed: August 14, 2007