Johnson, Anthony Eugene
WR-82,850-02
| Tex. App. | Oct 20, 2015
Case Information

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Helen Wilhelm Court Coordinator 214-653-5902

ROBERT D. BURNS III, JUDGE Criminal District Court No. 1

FILED IN
COURT OF CRIMINAL APPEALS
OCT 202015

Abel Acosta, Clerk

Crystal Jones Court Reporter 214-653-5903

October 13, 2015 Honorable Judges of the Court of Criminal Appeals Court of Criminal Appeals P.O. Box 12308, Capital Station

Austin, Texas 78711 RE: Ex parte Anthony Eugene Johnson. Writ Nos. W08-71994-V(A) and W11-00273-V(A) CCA Nos. WR-82,850-01 and 02 To the Honorable Judges of the Court of Criminal Appeals: The purpose of this letter is to advise the Court that the Findings of Fact and Conclusions of Law forwarded to this Court on March 13, 2015, were vacated prior to them being sent to your Court. Judge Brandon Birmingham of the 292 nd Judicial District Court recused from these cases because he realized after he signed the findings of fact that he had worked on the case as a prosecutor. Judge Birmingham immediately vacated the entry of the findings of fact and recused from the cases. The order vacating and recusing, however, was never scanned into the OnBase system. The clerk, unaware of the order vacating, forwarded those vacated finding of fact to your court. The order has since been located and made part of the record. A copy is attached here for your convenience. The clerks have been instructed to prepare a supplemental transcript containing all of the filings in these causes since the last transcript was forwarded to your Court. I cannot say with certainty when you will receive that transcript so I am forwarding this letter along with a copy of the order so you are aware of the situation. Please feel free to contact me if you need any additional information with regard to these causes.

Criminal District Court

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Writ Nos. W08-71994-V(A) and W11-00273-V(A)

EX PARTE

ANTHONY EUGENE JOHNSON

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IN THE 292 N D JUDICIAL

DISTRICT COURT

DALLAS COUNTY, TEXAS

ORDER VACATING FINDINGS OF FACT AND VOLUNTARY RECUSAL





Upon reviewing the State's Objections to the Trial Court's Finding of Fact and Conclusions of Law, the Court has determined that it participated in these cases as a prosecutor. At the time the Findings of Fact were signed, however, the Court did not recall that it had participated in these cases. Based on my participation in these cases, the Court has determined that these matters should have been considered by another District Court Judge, that recusal is appropriate, and the Court should not have signed findings in these cases. Therefore, the Court hereby vacates the findings of fact signed on March 11, 2015, and hereby voluntarily recuses from any further actions in these cases.

IT IS THEREFORE ORDERED that Brandon Birmingham, presiding judge of the 292 nd Judicial District Court, does hereby voluntarily recuse himself from hearing any future matter in these cases and refers these causes to the Presiding Judge of the First Administrative Judicial Region for assignment.

The Clerk of the Court shall immediately transmit a copy of this Order to Judge Mary Murphy, Presiding Judge of the First Administrative Judicial Region and to counsel for the Applicant, Randy Schaffer, counsel for the State, Christine Womble, and Bruce Anton, the Court Writ Master appointed herein.

It is further ordered that the Clerk of the Court shall immediately transmit a copy of this Order to the Court of Criminal Appeals in a supplemental transcript.

Signed this the