Opinion
CAUSE NO. 12-13-00205-CR
03-17-2014
IN RE: DANNY DALE, WEISINGER SR., RELATOR
PETITION FOR WRIT
OF MANDAMUS
HOUSTON COUNTY, TEXAS
PER CURIAM ORDER
Danny Dale Weisinger, Sr., relator, petitions for a writ of mandamus against the respondent, the Honorable Jim Parsons, sitting as Judge of the 349th Judicial District Court, Houston County, Texas. Specifically, Relator contends that the respondent abused his discretion by (1) orally granting Relator's motion for appointment of counsel to assist him with a motion for DNA testing but failing to issue an order memorializing this ruling, and then (2) failing to grant Relator's motion for reconsideration to correct the error. However, Judge Parsons is no longer a sitting judge, and the Honorable Pam Foster Fletcher is the presiding judge of that court. Therefore, Judge Fletcher is automatically substituted as the respondent in this proceeding. See TEX. R. APP. P. 7.2(a).
Because this case is an original proceeding under Texas Rule of Appellate Procedure 52, we must abate the proceeding to allow Judge Fletcher to reconsider Judge Parsons's decision. SeeTEX. R. APP. P. 7.2(b) (requiring abatement if case is original proceeding under Rule 52 to allow successor to reconsider original party's decision). Accordingly, we abate this proceeding until April 7, 2014, to allow Judge Fletcher to reconsider Judge Parsons's denial of Relator's December 15, 2004 motion for reconsideration as evidenced by a handwritten notation on Relator's January 28, 2005 "Motion Requesting Ruling on DNA Testing of Alleged Weapon and Motion to Preserve Evidence." We instruct Judge Fletcher to prepare and send to this court her ruling following reconsideration of Judge Parsons's order. A supplemental clerk's record containing Judge Parsons's ruling and any related records shall be forwarded to the clerk of this court no later than April 15, 2014.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this the 17th day of March 2014, A.D.
CATHY S. LUSK, CLERK
12 COURT OF APPEALS
By: ________________
Katrina McClenny, Chief Deputy Clerk