Court of Appeals of Texas, 2016

in Re Keith Judd

Court of Appeals of Texas · Decided January 19, 2016

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-16-00025-CV

In re Keith Judd

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Keith Judd has filed another petition for writ of mandamus in which he seeks to overcome his disenfranchisement under Texas law for having a felony conviction.1 The substance of Judd’s current claim for relief is an attempted collateral attack on the felony conviction that bars him from voting.2 We deny the petition.

__________________________________________ Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Filed: January 19, 2016

1 See In re Judd, No. 03-16-00021-CV, 2016 Tex. App. LEXIS 279 (Tex. App.—Austin Jan. 13, 2016, orig. proceeding) (mem. op.); see also In re Judd, No. 03-15-00595-CV, 2015 Tex. App. LEXIS 10808, at *3–7 (Tex. App.—Austin Oct. 21, 2015, orig. proceeding) (mem. op.) (addressing Judd’s right to appear on the ballot as a presidential candidate despite his felony conviction) (citing LaRouche v. Hannah, 822 S.W.2d 632, 632–34 (Tex. 1992) (per curiam)). 2 See United States v. Judd, 252 F.3d 435 (5th Cir. 2001) (affirming conviction); see also United States v. Judd, No. 08-50213, 2009 U.S. App. LEXIS 29764, at *1 (5th Cir. Oct. 7, 2009) (noting that the Fifth Circuit had affirmed Judd’s conviction). Judd also seemed to acknowledge the existence if not also validity of this felony conviction in each of his recent proceedings before this Court, but our analysis here does not rely upon that observation.

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