Court of Civil Appeals of Texas, 2015

Lavoie, Michael Paul

Lavoie, Michael Paul
Court of Civil Appeals of Texas · Decided January 22, 2015

Lavoie, Michael Paul

Opinion

01/21/2015 17:07 8175566831 18 DISTRICT COURT PAGE 02/03

Sharon Powell Renec Hall Civil Court Coordinator Court Reporter 817-556-6193 817-556-6822 Joy Penney Criminal Court Coordinator 817-556-6820 JOHN E. NEBLL DISTRICT JUDGE 18™ Judicial District of Texas RECEIVED IN January 21,2015 Johnson and Somervell Counties COURT OF CRIMINALAPPEALS Re: LAVOIE, MICHAEL PAUL JAN 2 2 2015 CCA No. WR-82,160-01 Trial Court Case. No. F47i71A Abel Acosta, Clerk Dear Mr. Acosta: I am in receipt of your correspondence ofJanuary 13,2015.1 received your correspondence on January 20,2015 and am replying one day later. Please accept this letter as explanationof why I have not complied with the court's Order of October 15,2014.

Neither I, nor anyone in ray office, ever received the above referenced Order. My staff copiedthe Order from the Court of Criminal Appeals website. Further, neither I, nor anyone in ray office, received the Motion To Recuse filed by Mr. Lavoie. To date, I have not received, nor have 1 seen, Mr. Lavoie's Motion To Recuse.

The letter that is dated October 15,2014 enclosing this Order referenced above was addressed to "Presiding Judge, 18th Judicial District, 2N. Main Street, 2nd Floor, Cleburne, Texas, 76031." That isnot a current address. Since 2004, the address ofthe 18,h District Court is 204 S. Buffalo Ave., Suite 304, Cleburne, Texas, 76033. This address difference could explain the delay in my receiving said correspondence, as well as why I have not received the Order from the Court of Criminal Appeals and the Motion To Recuse from Mr. Lavoie.

Please find enclosed, Affidavit of Kayla George, Deputy District Clerk of Johnson County, indicating that the Johnson County District Clerk's Office never received the Order from the't^ourfSf Crirnina] Appeals nor the Motion To Recuse from Mr. Lavoie. — -3-

u j •-• '•"; Sincerely, CM •ra: o C3 Ige John E. Neill 1District Court son County Cleburne, Texas

Gninn Justice Center 204 S. Buffalo Cleburne, Texas 76033 Metro (817) 558-0111 01/21/2015 17:07 8175566831 18 DISTRICT COURT PAGE 03/03

AFFIDAVIT OF KAYLA GEORGE STATE OF TEXAS COUNTY OF JOHNSON

BEFORE ME, the undersigned authority, personally appeared KAYLA GEORGE who deposed and said that she was over the age of21 and competent to make this affidavit that she has read the statement below and that the facts stated therein are within her personal knowledge and are true and correct. s "I am the Deputy District Clerk for Johnson County. Iam responsible for maintaining the courts records for all felony criminal filed for the District Clerk in Johnson County.

Ihave conducted athorough search ofthe files for Mr. Michael Paul Lavoie Icannot find where an Order ofthe Court ofCriminal Appeals dated October 15,2014 or aMotion To Recuse from Mr. Michael Paul Lavoie was ever filed in Johnson County "

rLA GEORGE

SIGNED under oath before me by KAYLA GEORGE on C^^PiL 2015.

TSEaTj^nson Notary ***» Notary Public, State of Texas STATE OF TEXAS W»<*"]!j±5Sffi*

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