Opinion
WR-91,714-02
10-09-2024
IN RE GARY DAVID GREEN, Relator
Do Not Publish
On Motion for Leave to file a Petition for writ of Mandamus in Cause No. 13-10-U1040-CAM in the 112th Judicial District Court Upton County
ORDER
PER CURIAM.
We have before us a Motion for Leave to File a Petition for Writ of Mandamus and the accompanying Petition. Because this case involves a death sentence, it was proper for Relator to file the motion and petition in this Court. Cf. Padilla v. McDaniel, 122 S.W.3d 805, 808 (Tex. Crim. App. 2003).
In June 2019, a jury found Relator guilty of the offense of capital murder. Based on the jury's answers to the statutory punishment questions set out in Texas Code of Criminal Procedure Article 37.071, the trial court sentenced Relator to death.
Unless otherwise indicated all references to Articles in this order refer to the Code of Criminal Procedure.
Relator's direct appeal of his conviction and sentence is currently pending in this Court. See Green v. State, No. AP-77,088. Relator's initial post-conviction application for a writ of habeas corpus is currently pending in the trial court and the judge appointed to that case is the underlying subject of this mandamus proceeding.
Specifically, on August 14, 2024, the Honorable Stephen B. Ables, Presiding Judge of the Sixth Administrative Judicial Region, assigned former Bexar County Court-at-Law Judge Eugenia Wright to preside over the underlying Article 11.071 habeas proceedings. On August 19, 2024, District Attorney Laurie English objected to Judge Wright's assignment pursuant to Texas Government Code Section 74.053(d). According to Relator, hours later, Judge Ables "sustained th[e] objection" by assigning a different visiting judge, Senior Bexar County District Judge Susan D. Reed, to preside over Relator's post-conviction proceedings. Each appointment was made to run from the date of the appointment "until plenary power has expired or the undersigned Presiding Judge has terminated this assignment in writing, whichever occurs first."
Before we rule on Relator's Motion for Leave to File a Petition for Writ of Mandamus and the accompanying Petition, we want to hear from Respondent, Judge Stephen Ables, Presiding Judge of the Sixth Administrative Judicial Region. We request that Judge Ables tell us, within twenty (20) days of the date of this order, whether Judge Wright's appointment has been terminated. Judge Ables may include any additional information in his response that he deems appropriate to resolving the mandamus currently before us. Judge Wright, Judge Reed, and the State are invited to respond within the same time period.
The underlying habeas proceedings are stayed pending resolution of this mandamus action.
IT IS SO ORDERED.