in Re the Honorable Karen Angelini ( 2006 )

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IN THE SUPREME COURT OF TEXAS

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No. 06-0088

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In re The Honorable Karen Angelini

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On Petition for Writ of Mandamus

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              Justice Johnson, joined by Justice O’Neill, concurring.

              I agree that mandamus relief should be denied because factual disputes exist. Once that conclusion has been reached and expressed, however, no further controversy is before us as this matter is postured. I would not opine as to what relief is appropriate in the event of future hearings and if particular factual determinations result from those hearings.

              Further, although I joined with Justice Wainwright in dissenting from the Court’s decisions in Francis and Holcomb and still believe that those cases were wrongly decided, the cases are now precedent of this Court. Thus, I cannot join his dissent. I concur in the Court’s decision to deny relief.

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                                                                                      Phil Johnson

                                                                                      Justice

OPINION DELIVERED: February 24, 2006