in-re-the-state-of-texas-ex-rel-john-f-healey-jr-district-attorney ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-82,875-01 and WR-82,875-02
In re STATE OF TEXAS ex rel. JOHN F. HEALEY, JR., District Attorney,
268TH JUDICIAL DISTRICT, Relator
ON MOTION FOR LEAVE TO FILE PETITION FOR WRITS OF MANDAMUS
AND/OR PROHIBITION FROM CAUSE NO. 10-DCR-054233 IN THE
268TH DISTRICT COURT, FORT BEND COUNTY
Per curiam.
ORDER
We have before us a motion for leave to file a petition for writs of mandamus
and/or prohibition, and if granted, a motion for a stay of the proceedings. We also have
before us a petition for writs of mandamus and prohibition.
In May 2011, a jury convicted Albert James Turner (the real party in interest) of
the offense of capital murder. The jury answered the special issues submitted pursuant to
Texas Code of Criminal Procedure article 37.071, and the trial court, accordingly, set
punishment at death. This Court abated Turner’s direct appeal and remanded the cause to
Turner/Healey/Elliott - 2
the trial court to determine whether it is feasible to conduct a retrospective competency
trial, and if so, to conduct a retrospective competency trial. Turner v. State, 422 S.W.3d
676 (Tex. Crim. App. 2013). After the trial court determined feasibility and scheduled a
retrospective competency trial, the trial court later decided instead to hold a jury trial on
Turner’s current competency to take place on March 16, 2015.1 Relator filed a motion to
reconsider that decision, which the trial court denied. Relator then filed the instant
petition for mandamus and/or prohibition in this Court.
Before deciding whether to grant relator leave to file its petition, we believe the
trial judge and respondent in the case below, the Honorable Brady G. Elliott, Judge of the
268th District Court, and the real party in interest, Albert James Turner, should have the
opportunity to respond.
Within 30 days of the date of this order, Judge Elliott, or his representative, and a
representative of the real party in interest, may file their respective responses in this
Court. The jury trial to determine Turner’s current competency is stayed pending further
order of this Court.
IT IS SO ORDERED THIS THE 4TH DAY OF MARCH, 2015.
Do Not Publish
1
There is some discrepancy in the record as to whether the current competency trial will
take place on March 16 or March 17. In a hearing on February 3, the trial court stated that the
current competency trial will take place on March 16. However, in its order denying the State’s
motion for reconsideration on February 13, the trial court stated that the current competency trial
will take place on March 17.