in Re the State of Texas Ex Rel. Abelino Reyna, Relator v. Court of Appeals for the Tenth District
Opinion
WR-83,719-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/11/2015 2:18:55 PM Accepted 8/11/2015 2:33:01 PM ABEL ACOSTA CLERK No. _______________________ RECEIVED COURT OF CRIMINAL APPEALS IN THE 8/11/2015 ABEL ACOSTA, CLERK TEXAS COURT OF CRIMINAL APPEALS SITTING AT AUSTIN, TEXAS
IN RE STATE OF TEXAS EX REL. MATT JOHNSON, RELATOR V.
COURT OF APPEALS FOR THE TENTH DISTRICT, RESPONDENT
A PETITION FOR WRIT OF MANDAMUS CAUSE NO. 10-15-00235-CR FROM THE 10TH COURT OF APPEALS DISTRICT WACO, TEXAS
CAUSE NO. 2015-1955-2 FROM THE 54TH JUDICIAL DISTRICT COURT OF MCLENNAN COUNTY, TEXAS
STATE'S MOTION FOR LEAVE TO FILE ORIGINAL PETITION FOR WRIT OF MANDAMUS AND
MOTION FOR STAY OF WRIT OF MANDAMUS
ABELINO "ABEL" REYNA Criminal District Attorney McLennan County, Texas State Bar No. 2400087
219 North 6th Street, Suite 200 Waco, Texas 76701 [Tel.] (254) 757-5084 [Fax] (254) 757-5021 [Email] abel.reyna@co.mclennan.tx.us
TO THE HONORABLE COURT OF CRIMINAL APPEALS
The State of Texas, moves for leave to file an Original Petition for
Writ of Mandamus and Motion for Stay of Writ of Mandamus
contemporaneously with the filing of said Original Petition. In support of
this Motion the State would show the following:
1. On August 7, 2015, the Tenth Court conditionally granted a Writ of
Mandamus, directing the 54th District Court to vacate a gag order it had
issued relating to what is commonly referred to as the “Twin Peaks
Incident,” wherein nine persons were killed, eighteen were wounded, and
177 subjects were arrested. By the terms of the Tenth Court of Appeals
Order, the 54th District Court was required to vacate the gag order by
August 14, 2015.
2. For reasons set forth in the accompanying Petition, the issues surrounding said gag order and conditional Writ of Mandamus, the trial rights of all accused individuals and the First amendment rights of
individuals and the public are affected by the prior trial court and appellate court orders. Further, there appears to be a difference of reasoning between the Tenth Court of Appeals and the Fourteenth Court of Appeals in the interpretation of the law affecting gag orders. 3. Due to the deadline established by the Tenth Court of Appeals, time is of the essence in determining the propriety of the prior orders. Should the
Mandamus issue by the Tenth Court of Appeals, it is anticipated that the
release of sensitive information, detrimental to the trial rights of the accused in the Twin Peaks Incident will result.
The interest of justice requires that this Honorable Court determine
the issues at bar, and that an emergency stay be issued to preserve the
status quo of the parties until this Court can determine said issues.
Based on the foregoing, the State moves this Court to grant leave to
file its Original Petition for Writ of Mandamus and Motion for Stay of Writ
of Mandamus contemporaneously with this Motion.
Respectfully Submitted: ABELINO ‘ABEL’ REYNA Criminal District Attorney McLennan County, Texas
/s/ Abelino ‘Abel’ Reyna ABELINO ‘ABEL’ REYNA Criminal District Attorney McLennan County, Texas 219 North 6th Street, Suite 200 Waco, Texas 76701 [Tel.] (254) 757-5084 [Fax] (254) 757-5021 [Email] abel.reyna@co.mclennan.tx.us State Bar No. 24000087
Certificate of Service
I certify that I caused to be served a true and correct copy of this Petition by electronic service or email or hand delivery on:
Respondent, 10th Court of Appeals Waco, Texas by hand delivery per request of Chief Justice Tom Gray
Attorney, F. Clint Broden, for Real Party in Interest, Matthew Clendennen at clint@texascrimlaw.com
Real Party in Interest, Judge Matt Johnson, 54th District Court, McLennan County Texas at matt.johnson@co.mclennan.tx.us
DATE: 8/11/15 /S/ ABELINO ‘ABEL’ REYNA ABELINO ‘ABEL’ REYNA
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