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RECEIVED IN.
COURT OF CRIMINAL APPEALS
No. WR..;62,574-05
SEP 212015
IN THE
COURT OF CRIMINAL APPEALS Abet Acosta, Clerk
AT AUSTIN, TEXAS
FILED
THOMAS A W~LDER, Dlst CLERK
TARRANT COUNTY, TEXAS
IN RE JOHNNY GREEN
SEP 17 2015
d;/3
TIME_.....;;..tJ-=-
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On Application for Writ ofMandamus
BY <5C DEPUTY
In trial court cause number 1199474D in the
37tf!.Judicial District Court from Tarrant County
CM.'
RESPONDENT JUDGE'S RESPONSE TO RELATOR'S MOTION FOR
LEAVE TO FILE A WRIT OF MANDAMUS
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
The Respondent Judge in the above styled and numbered causes respectfully
submits this response to the order of the Court of Criminal Appeals dated August
26, 2015.
Specifically, the Court has asked whether Relatr has filed a motion to
unseal the third volume of the reporter's record, whether this volume contains the
transcript of the voir dire proceedings, and whether this volume contains personal
information about jurors. The Respondent Judge answers these questions as
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follows:·
1\ Respondent Judge has reviewed the case jacket in this cause and notes
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that Relator has filed three requests for Volume 3 of the Reporter's Record. The
first request, filed January 27, 2015, specifically requests the volume to be
unsealed. (See Exh. A). The court annotated its ruling on the face of the request,
denying it as follows: "Jury info will not be unsealed per Art. 35.29 CCP." The
second request, filed February 19, 2015, requests that Relator be allowed to
purchase a redacted copy of the volume. (See Exh. B). The court again annotated a
. ruling upon the face of the request, denying it as follows: "Voir Dire not available
per Art. 35.29 CCP Can't EDIT as personal juror info throughout." The third
request was filed on March 12, 2015 and is in the form of a formal motion entitled
''Motion for Seal be (sic) Removed for Reasons of Questioning in Jury Selection in
Voir Dire." The Court has denied that motion as of September 17, 2015.,(See Exh.
C).
2. Volume 3 of the Reporter's Record consists solely of the transcript of the
voir dire proceedings.
3. Volume 3 contains personal information about jurors, including last
. names, and in some instances, first names.
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If the Court of Criminal Appeals requires anything further, please contact
me.
Hon. Scott Wisch
Judge, 372rtd Judicial District Court
Tarrant County, Texas
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Response has been sent to Relator,
Johnny Green, TDCJ-ID#l738876, Stiles Unit, 3060 FM 3514, Beaumont, Texas
77705, and to the Post-Conviction Unit of the Tarra~t County Criminal Di
Attorney's Office.
Hon. Scott Wisch
Judge, 372nd Judicial District Court
Tarrant County, Texas
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Response Exhibit A
Response Exhibit A
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FILED
THOMAS AWfLDER, DISt CLERK
TARRANT COUNTY, TEXAS
SEP 17 2015
Cause No.1199474D TIME_~g""""··~;/3_--t+--
BY . SJ?'oEPUTY
EX PARTE § IN THE 372"d JUDICIAL
§
§ DISTRICT COURT OF
§
JOHNNY GREEN, JR. § TARRANT COUNTY, TEXAS
ORDER DENYING MOTION TO UNSEAL VOLUME 3 OF THE
REPORTER'S RECORD
The Court has considered Defendant's March 12, 2015 motion to unseal
Volume 3 of the Reporter's Record in this matter. This volume consists solely of
the voir dire Uury selection) proceedings conducted prior to the trial on the merits
.and was sealed by the Court pursuant to TEX. CODE CRIM. PROC. art. 35.29.
Because this volume contains personal information of the venire panel and the
jurors selected for trial, and because Defendant has not shown good cause for such
information to be released to him, Defendant is not entitled to this information ..
Accordingly, Defendant's motion is DENIED.
SIGNED AND ENTERED this the f l day of Septem...,_.-rHJ
JUDGE PRESIDI
372 8d JUDICIAL DISTRICT C
TARRANT COUNTY, TEXAS