Court of Criminal Appeals of Texas
State of Texas ex rel. James Eidson v. Hon. Billy John Edwards, Judge, 104th Judicial District of Texas
June 27, 19901990 Tex. Crim. App. LEXIS 131
Summary
The Court held that the trial judge lacked authority to disqualify the entire Taylor County Criminal District Attorney’s office from prosecuting James Edward Clayton and therefore the disqualification order is void; the Court granted the writ of mandamus and ordered the order withdrawn. Justice Teague dissented, arguing the trial judge did have authority to disqualify, and Judge Berchelmann concurred in the result but criticized the majority’s characterization of the action as removal from office.