Honorable Jimmie Duncan, Judge, County Criminal Court at Law No. 3 of Harris County, Applicant v. Honorable Frank…

Summary

The Court held that the Court of Appeals lacked authority to order a trial judge to remove a court‑appointed appellate counsel and that the writ of prohibition was proper to vacate that order; it granted the writ and directed the appellate court to abate the appeal and return jurisdiction to the trial court. Justice Onion dissented, arguing the order was already vacated, the case moot, and prohibition inappropriate.