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STATE EX REL. HILL v. PIRTLE

No. 71,596.

887 S.W.2d 921 (1994)

STATE of Texas, ex rel., Danny E. HILL, District Attorney Relator, v. Honorable Patrick A. PIRTLE, Judge, Respondent, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 14, 1994.

Attorney(s) appearing for the Case

Danny E. Hill, Dist. Atty., Amarillo, Charles Palmer, Asst. Atty. Gen., Austin, for relator.

Don Dean, Amarillo, Edwin J. Tomko, Dallas, John W. Sweeney, Ft. Worth, Charles Blau, Kerry Fitzgerald, Dallas, Selden B. Hale, III, Mallory Halloway, Nancy Stone, Amarillo, Tim Evans, Fort Worth, Charles Rittenberry, Warren Clark, Patrick E. Pirtle, Judge Amarillo, for respondent.

Robert Huttash, State's Atty., Austin, for State.

OPINION

WHITE, Judge.

Relator Danny E. Hill, district attorney of the 47th Judicial District, seeks a writ of mandamus from this Court directing respondent Patrick A. Pirtle, Judge of the 251st District Court of Potter County, to vacate an order prohibiting two assistant attorneys general from serving as assistant district attorneys in certain pending criminal prosecutions. We will conditionally grant the writ.

On October 16, 1991, the Attorney General...

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