Legal Opinion · Dissent

Duncan v. Evans

Court of Criminal Appeals of Texas

Decided June 29, 1983No. 69113Published

1DissentOnion, Presiding Judge

This is an application for writ of prohibition seeking to invoke the original jurisdiction of this court. Article V, § 5, Texas Constitution, as amended 1977. The applicant seeks the writ to prohibit respondents from enforcing an “Order to Stay Proceedings” directing the applicant as judge of the trial court to remove a court-appointed counsel in a case pending before the Court of Appeals, and to appoint another attorney. Applicant contends the county court of which he is the duly elected judge has no jurisdiction to take the action ordered by respondents. The order of the respondents is…

2Cases cited22 opinions

  1. Firemen's Ins. Co. of Newark, New Jersey v. BurchTexas Supreme Court · 1968
  2. State Ex Rel. Smith v. BlackwellCourt of Criminal Appeals of Texas · 1973
  3. Garza v. StateCourt of Criminal Appeals of Texas · 1981
  4. State Ex Rel. Vance v. ClawsonCourt of Criminal Appeals of Texas · 1971
  5. Bradley v. StateCourt of Criminal Appeals of Texas · 1978

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