Green, Johnny Jr.

Opinion

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RECEIVED IN. COURT OF CRIMINAL APPEALS No. WR..;62,574-05 SEP 212015 IN THE COURT OF CRIMINAL APPEALS Abet Acosta, Clerk AT AUSTIN, TEXAS

FILED THOMAS A W~LDER, Dlst CLERK TARRANT COUNTY, TEXAS IN RE JOHNNY GREEN SEP 17 2015 d;/3 TIME_.....;;..tJ-=- ·.,...._ __

On Application for Writ ofMandamus BY <5C DEPUTY

In trial court cause number 1199474D in the 37tf!.Judicial District Court from Tarrant County CM.'

RESPONDENT JUDGE'S RESPONSE TO RELATOR'S MOTION FOR LEAVE TO FILE A WRIT OF MANDAMUS

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

The Respondent Judge in the above styled and numbered causes respectfully

submits this response to the order of the Court of Criminal Appeals dated August

26, 2015.

Specifically, the Court has asked whether Relat

unseal the third volume of the reporter's record, whether this volume contains the

transcript of the voir dire proceedings, and whether this volume contains personal

information about jurors. The Respondent Judge answers these questions as

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follows:·

1\ Respondent Judge has reviewed the case jacket in this cause and notes ' ., that Relator has filed three requests for Volume 3 of the Reporter's Record. The

first request, filed January 27, 2015, specifically requests the volume to be

unsealed. (See Exh. A). The court annotated its ruling on the face of the request,

denying it as follows: "Jury info will not be unsealed per Art. 35.29 CCP." The

second request, filed February 19, 2015, requests that Relator be allowed to

purchase a redacted copy of the volume. (See Exh. B). The court again annotated a

. ruling upon the face of the request, denying it as follows: "Voir Dire not available

per Art. 35.29 CCP Can't EDIT as personal juror info throughout." The third

request was filed on March 12, 2015 and is in the form of a formal motion entitled

''Motion for Seal be (sic) Removed for Reasons of Questioning in Jury Selection in

Voir Dire." The Court has denied that motion as of September 17, 2015.,(See Exh.

C).

2. Volume 3 of the Reporter's Record consists solely of the transcript of the

voir dire proceedings.

3. Volume 3 contains personal information about jurors, including last

. names, and in some instances, first names.

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If the Court of Criminal Appeals requires anything further, please contact

me.

Hon. Scott Wisch Judge, 372rtd Judicial District Court Tarrant County, Texas

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Response has been sent to Relator,

Johnny Green, TDCJ-ID#l738876, Stiles Unit, 3060 FM 3514, Beaumont, Texas

77705, and to the Post-Conviction Unit of the Tarra~t County Criminal Di

Attorney's Office.

Hon. Scott Wisch Judge, 372nd Judicial District Court Tarrant County, Texas

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Response Exhibit A

Response Exhibit A • • ('

FILED THOMAS AWfLDER, DISt CLERK TARRANT COUNTY, TEXAS

SEP 17 2015 Cause No.1199474D TIME_~g""""··~;/3_--t+-- BY . SJ?'oEPUTY EX PARTE § IN THE 372"d JUDICIAL § § DISTRICT COURT OF § JOHNNY GREEN, JR. § TARRANT COUNTY, TEXAS

ORDER DENYING MOTION TO UNSEAL VOLUME 3 OF THE REPORTER'S RECORD

The Court has considered Defendant's March 12, 2015 motion to unseal Volume 3 of the Reporter's Record in this matter. This volume consists solely of the voir dire Uury selection) proceedings conducted prior to the trial on the merits .and was sealed by the Court pursuant to TEX. CODE CRIM. PROC. art. 35.29. Because this volume contains personal information of the venire panel and the jurors selected for trial, and because Defendant has not shown good cause for such information to be released to him, Defendant is not entitled to this information .. Accordingly, Defendant's motion is DENIED.

SIGNED AND ENTERED this the f l day of Septem...,_.-rHJ

JUDGE PRESIDI 372 8d JUDICIAL DISTRICT C TARRANT COUNTY, TEXAS