In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-16-00294-CR
NO. 09-16-00295-CR
____________________
THE STATE OF TEXAS, Appellant
V.
JOHN CHAD KOLANDER, Appellee
__________________________________________________________________
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause Nos. 16-24978, 16-24979
__________________________________________________________________
ORDER
On September 30, 2016, appellee John Chad Kolander filed a motion to
supplement the record with (1) “the orders under which District Judge John
Stevens was assigned these cases and then recused himself; and (2) the August 19,
2016[,] letter from District Attorney (formerly District Judge) Bob Wortham to the
[special] prosecutor, in which Wortham disavows being a victim or complaining
witness[.]” Kolander contended that “the orders related to assignment of and
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recusal by District Judge John Stevens for an unknown reason are held only by
Judge Stevens and/or the prosecutor.” Kolander contends that his counsel received
the correspondence between Wortham and the special prosecutor from the
prosecutor via email, but the correspondence is not in the record. On October 11,
2016, this Court granted Kolander’s motion and ordered a supplemental clerk’s
record. On October 25, 2016, the District Clerk’s office sent a letter which certified
to this Court that despite a diligent effort to comply with the request to supplement
the record, the record does not contain the requested documents.
It is, therefore, ORDERED that the appeals are abated and the causes are
remanded to the trial court for an evidentiary hearing to settle the issue of whether
the requested documents should be included in the record, and to file with the
Court of Appeals by December 19, 2016, a reporter’s record of the hearing, as well
as a supplemental clerk’s record containing a copy of the trial court’s order and
any documents the trial judge determines should be added to the record. All
appellate timetables are suspended while the cases are before the trial court.
ORDER ENTERED November 15, 2016.
PER CURIAM
Before McKeithen, C.J., Kreger and Horton, JJ.
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