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DUNCAN v. EVANS

No. 69113.

653 S.W.2d 38 (1983)

Honorable Jimmie DUNCAN, Judge, County Criminal Court at Law No. 3 of Harris County, Applicant, v. Honorable Frank G. EVANS, Chief Justice, Court of Appeals, First Supreme Judicial District of Houston, et al., Respondents.

Court of Criminal Appeals of Texas, En Banc.

June 29, 1983.

Attorney(s) appearing for the Case

Jimmie Duncan, pro se.

Jim Mattox, Atty. Gen. of Tex., David R. Richards, Executive Asst. Atty. Gen. and Mary F. Keller, Asst. Atty. Gen., Austin, for respondents.

Robert Huttash, State's Atty., Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

McCORMICK, Judge.

This original application for writ of prohibition arises from an "Order to Stay Proceedings" of the First Court of Appeals directing the judge of the County Criminal Court at Law No. 3 of Harris County to remove a court-appointed attorney in a case pending before the appeals court, and appoint another attorney. Applicant Duncan, Judge of the affected county court, contends that he has no jurisdiction to take the action ordered by...

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