Walter Demond v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-11-00553-CR
Walter Demond, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BLANCO COUNTY, 424TH JUDICIAL DISTRICT
NO. CR-1016, HONORABLE DANIEL H. MILLS, JUDGE PRESIDING
ORDER
PER CURIAM
We abated this appeal and remanded this cause for a new hearing, with instructions to
address whether, under an objective reasonable-person standard, the Honorable Judge Daniel H. Mills
(1) was disqualified as an injured party from hearing this case or (2) should have been recused
because his impartiality might reasonably be questioned. See Demond v. State, No. 03-11-00553-CR,
2013 WL 4822904, at *2 (Tex. App.—Austin Aug. 27, 2013, no pet.). The district court has since
filed a supplemental clerk’s record with an order concluding that Judge Mills was not disqualified
and should not have been recused. This appeal is reinstated.
We request supplemental briefings from the parties on the limited issue of whether
the district court erred in concluding that Judge Mills should not have been disqualified or recused.
The appellant should file his brief no later than February 6, 2014. The State’s response will be due
within thirty (30) days of the filing of the appellant’s brief.
It is so ordered this 7th day of January 2014.
Before Chief Justice Jones, Justices Pemberton and Field
Do Not Publish
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