Opinion
NO. WR-81,584-01
05-03-2017
EX PARTE JOHN THUESEN, Applicant
ON REVIEW OF APPLICATION FOR A WRIT OF HABEAS CORPUS FROM CAUSE NO. 09-02136-CRF-272 IN THE 272nd DISTRICT COURT BRAZOS COUNTY Per curiam. KELLER, P.J., and KEASLER and HERVEY, JJ., dissent. ORDER
This is an application for a writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure article 11.071. In an opinion issued on February 8, 2017, we considered the preliminary issue of the judicial authority of the judge who presided over the habeas proceedings in this case. The judge at issue signed an order voluntarily recusing himself from presiding over applicant's habeas proceedings. He then sought and obtained the appointment of a replacement judge, but subsequently signed an order purporting to restore his own judicial authority to preside over the case. For reasons stated in the opinion, we held that the judge did not have authority to take any further action after signing the voluntary recusal order. We therefore restored the matter to its position immediately following the replacement judge's assignment to the case and remanded it to the trial court for further proceedings.
All references to articles refer to the Texas Code of Criminal Procedure unless otherwise stated. --------
Applicant has now filed a motion to rehear that decision and a motion to stay the proceedings in the lower court pending the rehearing. We now stay the proceedings below and grant rehearing.
IT IS SO ORDERED THIS THE 3rd DAY OF MAY, 2017. Do not publish