Electronically Filed 1/23/2020 2:32 PM

Sarah Loucks, District Clerk

Bastrop County, Texas
By: Etta Wiley, Deputy

Cause No. 8701

STATE OF TEXAS § IN THE 21ST DISTRICT COURT

§
v. § OF
§
RODNEY REED § BASTROP COUNTY, TEXAS

AMENDED RESPONSE TO MOTION TO STAY

On July 23, 2019, this Court set Applicant’s, Rodney Reed’s, execution for

November 20, 2019. Execution Order, State v. Reed, No. 8701 (21st Dist. Ct., Bastrop

County, Tex. July 23, 2019). On November 15, 2019, the execution was stayed by the

Court of Criminal Appeals (CCA) in Applicant’s tenth habeas proceeding, and three

claims were remanded to this Court for resolution. Ex parte Reed, No. WR-50,961-10,

2019 WL 6114891, at *2 (Tex. Crim. App. Nov. 15, 2019). Importantly, the CCA

decided that “the Honorable Doug Shaver continues to sit by assignment as the judge

of” this Court. Id. However, “[i]f Judge Shaver chooses to discontinue his assignment,”

then “the Hon[orable] Olen Underwood shall appoint or otherwise determine who is

assigned to this case.” Id.

On November 21, 2019, Judge Underwood assigned the Honorable J.D.

Langley to Applicant’s case. Mot. Stay Ex. 1. On that same day, Applicant filed a

suggestion for rehearing in the CCA seeking to undo the assignment component of

the remand order. Suggestion of Rehearing, Ex parte Reed, No. WR-50,961-10 (Tex.

Crim. App. Nov. 21, 2019). On November 25, 2019, Applicant moved Judge

Underwood to withdraw his order assigning Judge Langley to his case. Mot.

Withdraw 1–16. Contemporaneously, Applicant asked to stay this proceeding until

Judge Underwood ruled on the withdrawal motion. Mot. Stay 1–2.

 On December 4, 2019, the State responded to Applicant’s withdrawal and stay

motions, opposing the former, Resp. Opp’n Mot. Withdraw 1–3, and having “no

objection to a limited stay of this proceeding until Judge Underwood rules on

[Applicant’s] motion to withdraw,” Resp. Mot. Stay 1–2.

On December 11, 2019, the CCA denied Applicant’s rehearing suggestion.

Postcard Denial, Ex parte Reed, No. WR-50,961-10 (Tex. Crim. App. Dec. 11, 2019).

The motion to withdraw has not been ruled upon by Judge Underwood. Given that

the CCA has denied Applicant’s challenge to Judge Underwood’s authority, and that

Judge Underwood has functionally denied Applicant’s withdrawal motion, the State

no longer agrees to a stay and believes that the proceeding should move forward

towards resolution.

CONCLUSION

The State withdraws its non-objection to Applicant’s request to stay this

proceeding pending resolution of the withdrawal motion.

Respectfully submitted,

BRYAN GOERTZ
Criminal District Attorney
Bastrop County, Texas

MATTHEW OTTOWAY
Assistant Attorney General
Assistant District Attorney
Bastrop County, Texas
State Bar No. 24047707

Post Office Box 12548, Capitol Station

Austin, Texas 78711
Tel: (512) 936-1400
Fax: (512) 320-8132

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 Email: matthew.ottoway@oag.texas.gov

Attorneys for the State

CERTIFICATE OF SERVICE

I certify that on January 23, 2020, a true and correct copy of the foregoing
document was served through the State’s electronic service provider and the Court’s
electronic filing manager to Reed’s counsel of record:

Andrew F. MacRae
LEVATINO|PACE PLLC
1101 S. Capital of Texas Hwy., Building K, Ste. 125
Austin, Texas 78746
amacrae@levatinopace.com

MATTHEW OTTOWAY
Assistant Attorney General
Assistant District Attorney
Bastrop County, Texas