Court of Criminal Appeals of Texas

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

June 29, 19831983 Tex. Crim. App. LEXIS 1103

Summary

The Court of Criminal Appeals held that the appellate court lacked authority to order the trial judge to remove court‑appointed appellate counsel and that the trial court retained jurisdiction; the writ of prohibition should be issued to vacate the improper order. The dissent argued the order was already vacated, rendering the case moot and the prohibition improper.