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
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219 North 6th Street, Suite 200
Waco, Texas 76701
[Tel.] (254) 757-5084
[Fax] (254) 757-5021
[Email]
abel.reyna@co.mclennan.tx.us
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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
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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
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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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