Garcia, Fernando v. Hon. Ernest B. White, P.J., 194th Dc, Dallas County

Court of Criminal Appeals of Texas

Garcia, Fernando v. Hon. Ernest B. White, P.J., 194th Dc, Dallas County

DecidedJuly 12, 2011

DocketWR-45,875-02

StatusPublished

This text of Garcia, Fernando v. Hon. Ernest B. White, P.J., 194th Dc, Dallas County (Garcia, Fernando v. Hon. Ernest B. White, P.J., 194th Dc, Dallas County) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Garcia, Fernando v. Hon. Ernest B. White, P.J., 194th Dc, Dallas County, (Tex. 2011).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-45,875-02 FERNANDO GARCIA, Relator

v.

THE HONORABLE ERNEST WHITE, Respondent

ON MOTION FOR LEAVE TO FILE APPLICATION FOR WRIT OF MANDAMUS FROM CAUSE NO. F89-96959

IN THE 194^TH JUDICIAL DISTRICT COURT

DALLAS COUNTY

Per Curiam.

O R D E R

We have before us a motion for leave to file an application for writ of mandamus and an application for writ of mandamus.

Before deciding whether to grant relator leave to file his petition, we believe the respondent, the Honorable Ernest White, Judge of the 194^th Judicial District Court, and the Dallas County District Attorney's Office should have the opportunity to respond. In addition to any other matter they deem relevant to the issue before this Court, we are specifically interested in their responses to the following questions:

(1) The original "Notice of Enrollment" in this case indicated that Jordan Steiker, Maurie Levin, and Danalynn Recer were going to represent relator. Are Steiker and Levin still representing relator? If not, why and when did the representation cease?

(2) In a letter to the trial judge, it was indicated that Teresa Norris was to take over the pro bono representation of relator in addition to Bobby Mims. Did that happen? If not, then why?

(3) The order appointing Mims as counsel is not in the record before this Court. When did this appointment occur and was Mims appointed as lead counsel in Recer's absence?

Within 30 days of the date of this order, Judge White, or his representative, and a representative of the Dallas County District Attorney's Office, may file their respective responses in this Court. The District Clerk is also ordered to supplement the record with the order appointing Mims as counsel in the case. The relator's punishment phase proceedings currently pending in the trial court shall be stayed pending further order of this Court.

IT IS SO ORDERED THIS THE 12^th DAY OF JULY, 2011.

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