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NOS.

416-81913-2015, 416-82148-2015, 416-82149-2015

THE STATE OF TEXAS IN THE DISTRICT COURT



V. 416th JUDICIAL DISTRICT

WARREN KENNETH PAXTON, COLLIN COUNTY, TEXAS
JR.

MOTION FOR COURTS COMPLIANCE WITH TEXAS CODE OF CRIMINAL


PROCEDURE ARTICLES 31.05 and 31.09

TO THE HONORABLE GEORGE GALLAGHER, PRESIDING JUDGE:

Now comes Warren Kenneth Paxton, Jr., by and through his attorneys of record and

pursuant to the Texas Code of Criminal Procedure presents this Motion for Courts

Compliance with Articles 31.05 and 31.09 of the Texas Code of Criminal Procedure. In

support, Paxton would show the Court as follows:

I.

On April 11, 2017, the Court issued its written order changing venue in the above-

numbered causes to Harris County, Texas under Chapter 31 of the Texas Code of Criminal

Procedure.1 When such an order is filed, it becomes incumbent upon the transferring Court


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In its order, the Court noted that The parties have agreed to allow the Court to transfer venue of
these cases to a county that does not adjoin Collin County, Texas. While the defense did not object
to the case being transferred to a non-contiguous county, the defense wishes to state that it certainly
did not agree to that transfer. To that end, the defense stated on the record that [t]he defense
objects, continues to object, and has preserved for appeal its objection to change of venue. But
venue change having been ordered by the Court, the defense does not object to venue being
transferred to non-contiguous Harris County. Defendants non-objection to Harris County is
limited only to his willingness to have the case tried in a non-contiguous county, is based solely on
the convenience of the parties, and shall not be construed as a waiver of his challenge to the Courts
order to change venue or any other right that he might have under Chapter 31 of the Code of
Criminal Procedure.

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to order its clerk to prepare a certified copy the order, the defendants bond, and send them

with its entire original file to send to the district clerk in the receiving county. Where an

order for change of venue of any court in any criminal cause in this State has been made the

clerk of the court where the prosecution is pending shall make out a certified copy of the

courts order directing such change of venue, together with a certified copy of the

defendants bail bond or personal bond, together with all the original papers in said cause

and also a certificate of the said clerk under his official seal that such papers are the papers

and all the papers on file in said court in said cause; and he shall transmit the same to the

clerk of the court to which the venue has been changed. TEX. CODE CRIM. PROC. ART

31.05.

Further, Texas Code of Criminal Procedure art. 31.09 provides, in pertinent part, [i]f

a change in venue in a criminal case is ordered under this chapter, the judge ordering the

change of venue may, with the written consent of the prosecuting attorney, the defense attorney, and the

defendant, maintain the original case number on its own docket, preside over the case, and use

the services of the court reporter, the court coordinator, and the clerk of the court of

original venue. Tex. Code Crim. Proc. art 31.09(a) (emphasis added).

II.

By this motion, Paxton respectfully advises the Court that he will not be giving the

statutorily-required written consent under art. 31.09 to allow the Honorable George

Gallagher or his court staff to continue to preside over the matter in Harris County. Paxton

therefore requests that the Court order its clerk to send a certified copy of its file to the

Harris County District Clerk that a new judge may be assigned.

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Respectfully submitted,

COGDELL LAW FIRM, PLLC

Philip H. Hilder /s/ Dan Cogdell


State Bar No. 09620050 Dan Cogdell
Co-Lead Counsel State Bar No. 04501500
Q. Tate Williams Co-Lead Counsel
State Bar No. 24013760 Cordt C. Akers
Stephanie K. McGuire J. Dennis Hester
State Bar No. 11100520 402 Main St., 4th floor
819 Lovett Blvd Houston, Texas 77002
Telephone: (713) 655-9111 Telephone: (713) 426-2244
Facsimile: (713) 655-9112 Facsimile: (713) 426-2255
philip@hilderlaw.com dan@cogdell-law.com
tate@hilderlaw.com cordt@cogdell-law.com
stephanie@hilderlaw.com dennis@cogdell-law.com

Terri Moore Bill Mateja


300 Burnett St., Ste. 160 Polsinelli LLP
Fort Worth, TX 76102-2755 2950 N. Harwood St., #2100
Telephone: (817) 877-4700 Dallas, Texas 75201
moore@terrimoorelaw.com Telephone: (214) 397-0030
mateja@polsinelli.com

Heather J. Barbieri J. Mitchell Little


Barbieri Law Firm, P.C. Scheef & Stone, LLP
1400 Gables Court State Bar No. 24043788
Plano, Texas 75075 2600 Network Blvd., Ste. 400
Telephone: (972) 424-1902 Frisco, TX 75034
Facsimile: (972) 208-2100 Telephone: (214) 472-2100
hbarbieri@barbierilawfirm.com Facsimile: (214) 472-2150
mitch.little@solidcounsel.com
OF COUNSEL

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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of Defendant's motion has been

delivered to the District Attorney Pro Tem, Collin County, TX, by email, fax, or hand

delivery on the 11th day of April, 2017.

/s/ Dan L. Cogdell


DAN L. COGDELL