Other circuits’ holdings and “clear and indisputable” rights to relief

June 2, 2022

A thicket of issues surrounding an attempted prosecution of Netflix led to an unsuccessful mandamus petition by the prosecutor; among other holdings, the Fifth Circuit said: “We have not been shown any example of an effort by this circuit to consider the approach of the three circuits identified by the district court. Such caselaw from other circuits is not dispositive on whether there is a ‘clear and indisputable’ right to a writ of mandamus. Regardless of the precise reasoning that justifies a federal court to require discovery of state grand jury proceedings, we conclude that Babin has not demonstrated entitlement to mandamus relief under this theory.” No. 22-40306 (May 25, 2022).

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