in Re State of Texas Ex. Rel. Bryan Goertz, Relator ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,124-01
IN RE STATE OF TEXAS EX REL. BRYAN GOERTZ, Relator
ON MOTION FOR LEAVE TO FILE APPLICATION FOR WRIT OF
PROHIBITION AND APPLICATION FOR WRIT OF PROHIBITION FROM
CAUSE NO. 8701 IN THE 21ST JUDICIAL DISTRICT COURT
BASTROP COUNTY
Per curiam. Newell, J. not participating.
ORDER
We have before us a motion for leave to file an application for a writ of prohibition
and an application for a writ of prohibition. In May of 1998, a jury convicted Rodney
Reed (real party in interest) of the capital murder of Stacey Stites. The jury answered the
special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071,
and the trial court, accordingly, set Reed’s punishment at death.1 This Court affirmed
1
Unless otherwise indicated all references to articles refer to the Code of Criminal
Procedure.
Goertz - 2
Reed’s conviction and sentence on direct appeal. Reed v. State, No. AP-73,135 (Tex.
Crim. App. Dec. 6, 2000) (not designated for publication).
In 1999, Reed filed his initial post-conviction application for a writ of habeas
corpus in the convicting court. In 2001, Reed filed his “Supplemental Claim for Relief on
Application for Writ of Habeas Corpus” in the convicting court.2 This Court
subsequently denied Reed relief on his initial application and dismissed the subsequent
application pursuant to Article 11.071 § 5. Ex parte Reed, Nos. WR-50,961-01 and
WR-50,961-02 (Tex. Crim. App. Feb. 13, 2002) (not designated for publication). Reed
filed additional applications over the years, but no relief was granted.
In March 2015, Reed was scheduled for execution, but this Court stayed his
execution to review claims raised in his sixth subsequent application. The Court
ultimately denied relief on those claims, but it remanded the case again for review of two
claims raised in his seventh subsequent application. Ex parte Reed, Nos. WR-50,961-07
and WR-50,961-08 (Tex. Crim. App. May 17, 2017) (not designated for publication).
Upon return to this Court, this Court denied relief on the -08 remanded claims, dismissed
the remaining -08 claims, and dismissed yet another subsequent writ application filed in
2018 (our -09). Ex parte Reed, Nos. WR-50,961-08 and WR-50,961-09 (Tex. Crim. App.
June 26, 2019) (not designated for publication).
Upon completion of this litigation, the State, on July 12, 2019, filed a motion in the
2
The Court construed applicant’s “Supplemental Claim” as a subsequent application.
Goertz - 3
convicting court requesting that the court set Reed’s execution date for November 20,
2019. In response to this motion, Reed’s counsel on July 15, 2019, filed in the convicting
court a “Motion to Dismiss State’s Motion Requesting Execution Date Pursuant to
Chapter 27 of the Tex. Civ. Prac. & Rem. Code and Motion to Strike and For Sanctions.”
Two days later, Reed filed an amended motion to dismiss.
Believing that the convicting court does not have jurisdiction or authority to rule
on Reed’s motion, Relator has asked this Court to issue a writ of prohibition prohibiting
the respondent court from taking action on Reed’s motion. Relator specifically seeks to
prohibit Respondent, the Honorable Doug Shaver, sitting by assignment as the judge of
21st District Court of Bastrop County, from considering or ruling on Reed’s motion and to
prohibit any appeal therefrom. Relator also requests an expedited ruling on this matter
from this Court.
Before this Court rules on Relator’s motion for leave to file his application for a
writ of prohibition, Respondent should have the opportunity to respond. Therefore, the
Honorable Doug Shaver, Judge of the 21st Judicial District Court sitting by assignment,
has ten days from the date of this order to file any response to Relator’s pleadings.
Although the real party in interest has responded, he may file an additional response
within the same time period.
IT IS SO ORDERED THIS THE 24th DAY OF JULY, 2019.
Do Not Publish