In re Texas, ex rel. Wice (original by judge richardson)
Annotate this CaseJudge George Gallagher, elected judge for the 396th District Court in the Eighth Administrative Judicial Region of Texas, was specifically assigned by Presiding Judge Mary Murphy of the First Administrative Judicial Region to preside over Texas v. Paxton in the 416th District Court in the First Administrative Judicial Region in July 2015. The issue before the Texas Court of Criminal Appeals, on mandamus, was whether Judge Gallagher had the constitutional and statutory authority to preside over Texas v. Paxton when he granted a change of venue to Harris County in April of 2017. To this, the Court of Criminal Appeals held that he did, regardless of any other assignment orders that were issued by Presiding Judge David Evans. The Court, therefore, conditionally granted the State’s petition for writ of mandamus.
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