Unreported / Non-Citable
Background
Benjamin Ray Cotter sought mandamus relief in an original proceeding arising from the criminal case The State of Texas v. Benjamin Ray Cotter, pending in the County Court at Law in Kerr County, Texas. Cotter asked the Fourth Court of Appeals to direct the trial judge either to recuse or to refer his recusal motion to the presiding judge of the Sixth Administrative Judicial Region.
Cotter filed his mandamus petition on July 27, 2026. The supplemental record showed that the trial court signed an order referring his motion to recuse or disqualify on July 28, 2026.
The Court’s Holding
The Fourth Court of Appeals held that Cotter’s mandamus petition was moot because the trial court had already referred his recusal or disqualification motion—the relief his petition sought.
The court therefore denied the mandamus petition and all pending motions as moot under Texas Rule of Appellate Procedure 52.8(a). It did not decide the merits of Cotter’s recusal or disqualification arguments.
Key Takeaways
- A mandamus petition becomes moot when the trial court performs the act the relator asked the appellate court to compel.
- The trial court’s referral order eliminated the live controversy over whether referral should be ordered.
- The appellate court denied the petition and pending motions without addressing whether recusal or disqualification was warranted.
Why It Matters
The decision illustrates that mandamus relief requires a continuing, live controversy. When the trial court supplies the requested procedural relief while the petition is pending, the appellate court may dispose of the proceeding as moot without reaching the underlying allegations.