in the Matter of the Marriage of Amanda Bradshaw and Barney Bradshaw

Opinion

FILED hM

RECEIVED IN The '-'..-urt of Aopeals CASE NO. 06-15-00038-CV The Court of Appeals Sixth District Sixth District AUG 1 3 2015 IN THE AUG 1 3 2015

COURT OF APPEALS FOR THE

"i3>:arfcana, Texas * Debra Auirey, Clerk SIXTH DISTRICT OF TEXAS Texarkana, Texas AT TEXARKANA, TEXAS Debra K, Autrey, Clerk

IN THE MATTER OF THE MARRIAGE OF

AMANDA CHERI BRADSHAW

Petitioner/Appellant

AND

BARNEY SAMUEL BRADSHAW

Respondent/Appellee

Appeal from the County Court at Law Rusk County, Texas

Cause No. 2013-09-482-CCL The Honorable Chad Dean, Presiding

APPELLEE'S MOTION FOR RECUSAL AND TRANSFER

TO THE HONORABLE JUSTICES OF THE SIXTH COURT OF APPEALS:

COMES NOW, BARNEY SAMUEL BRADSHAW, Respondent/Appellee in the above-referenced case and submits his motion for recusal and transfer. In support of said motion Appellee shows the Court the following.

I.

Appellee objects to the hearing and deciding of this case by Chief Justice Josh R. Morriss, III, Justice Bailey C Moseley and Justice Ralph K. Burgess. Said Justices rendered the judgment and opinion in Appellee's criminal case in Case No. 06-14-00165-CR, which was entered into evidence in this case by Appellant in her Motion to Reopen Evidence as Exhibit B. Appellee believes that a conflict of interest exists and that said Justices may not act in an impartial manner.

II.

This case has been previously appealed to the Court of Ap peals for the Twelth District of Texas in Case No. 12-14-00056-CV. Said Court is already familiar with this case and had issued:.ai. judgment reversing and remanding the trial court's judgment for further proceedings.

III.

Appellee believes that Appellant has filed her appeal in this

Court for the sole purpose of gaining an advantage due to Appellee's criminal appeal.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellee, Barney Samuel Brad-

shaw, prays that the Court grant this motion and each of said Justices recuse themselves from this case. Appellee further prays that this case is transfered back to the Court of Appeals for the Twelfth District of Texas.

Respectfully submitted,

BARNEY SAMUEL BRADSHAW

APPELLEE

TDCJ No. 01942978

Mark W. Michael Unit

2664 FM 2054

Tennessee Colony, Texas 75886

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the fore going motion has been served by placing same in the United States Mail, postage prepaid, on this 10th day of August, 2015, addressed to Ebb B. Mobley, Attorney for Appellant, P.O. Box 2309, Longview, Texas 75606.

BARNEY SAMUEL BRADSHAW

APPELLEE