Texas Back Institute, P.A. d/b/a Texas Back Institute and William D. Bradley, M.D. v. Brenda Peters--Appeal from 158th District Court of Denton County

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State: Texas

Court: Criminal Court of Appeals

Docket No: 02-08-00417-CV

Case Date: 12/23/2009

Plaintiff: STATE OF TEXAS EX REL. CRAIG WATKINS

Defendant: THE HONORABLE JOHN CREUZOT (Other)

Preview:STATE OF TEXAS EX REL. CRAIG WATKINS v.
THE HONORABLE JOHN CREUZOT (Other)
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IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-75,829-01 and WR-75,829-02
STATE OF TEXAS EX REL. CRAIG WATKINS, Relator
v.
THE HONORABLE JOHN CREUZOT, Respondent
ON MOTION FOR LEAVE TO FILE PETITION FOR WRITS OF PROHIBITION AND MANDAMUS FROM
CAUSE NO. F81-01988-FK IN THE CRIMINAL DISTRICT COURT NO. 4
DALLAS COUNTY
Per Curiam. Meyers, J., would grant petition.
O R D E R
file:///C|/Users/Peter/Desktop/opinions/PSDs2/21041.html[8/20/2013 9:49:38 PM]

We have before us a motion for leave to file a petition for writs of prohibition and mandamus.
The record shows that the real party in interest Jonathan Bruce Reed was charged by indictment with the 1978 capital
murder of Wanda Jean Wadle. The case was originally tried in 1979, and Reed was convicted and sentenced to death.
The trial court then granted Reed's motion for new trial, and the case was re-tried in 1983 before a different judge.
Reed was again found guilty and sentenced to death. Reed appealed to this Court. This Court remanded the case and
ordered a retroactive Batson hearing. The case was ultimately affirmed in March 1995, and the United States Supreme
Court denied certiorari. Reed v. State, No. AP-69,292 (Tex. Crim. App. Mar. 29, 1995)(not designated for publication),
cert. denied, 516 U.S. 1050 (1996). State habeas relief was later denied. Ex parte Reed, No. WR-38,174-01 (Tex. Crim.
App. Sept. 16, 1998)(not designated for publication).
In March 1999, Reed filed a petition for writ of habeas corpus in federal district court. The federal district court denied
relief but granted a certificate of appealability on the Batson issues raised. The Fifth Circuit ultimately vacated Reed's
conviction and sentence after determining that the State had violated Batson by improperly excluding black jurors. See
Reed v. Quarterman, 555 F.3d 364 (5th Cir. 2009).
The State is now retrying the 33-year-old capital murder. According to the pleadings, the parties have completed
individual voir dire, and the State and defense are currently preparing to exercise challenges and strikes to the pool of
death-qualified venirepersons. Reed has filed several pretrial pleadings including motions to dismiss the prosecution or
preclude the death penalty asserting that the delay has rendered impossible his ability to present a defense and conduct
a constitutionally adequate sentencing investigation. The court held several "evidentiary hearings" related to Reed's
motions and, in a 52-page document setting out its findings of fact and conclusions of law, it granted Reed's motion to
preclude the death penalty.
The State has now filed a motion for leave to file a petition for writs of mandamus and prohibition. In its petition, the
State seeks an order from this Court requiring the trial court to vacate its ruling that precludes the State from seeking
the death penalty and prohibiting the trial court from preventing the State from proceeding with the prosecution of
Reed's case as a death penalty case.
Before deciding whether to grant relator leave to file its petition, we believe the respondent, the Honorable John
Creuzot, judge of Criminal District Court No. 4, and Jonathan Bruce Reed, the real party in interest, should have the
opportunity to respond. The Court specifically seeks a response regarding the applicability of its recent decision in
State ex rel. Lykos v. Fine, S.W.3d , Nos. AP-76,470 and AP-76,471 (Tex. Crim. App. Jan. 12, 2011), to this case.
Therefore, within 30 days of the date of this order, Judge Creuzot and Mr. Reed, or his representative, shall file their
respective responses in this Court. Proceedings in the trial court shall be stayed pending further order by this Court.
IT IS SO ORDERED THIS THE 10th DAY OF MAY, 2011.
Do Not Publish
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