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REPORTER'S
RECORD
Volume
1
of
1
Volume
Trial
Court
Cause
No.
1170853
16
7
8
9
10
11
12
13
THE
STATE
OF
TEXAS
VS.
JOHN
EDWARD
GREEN,
JR.
IN
THE
DISTRICT
COURT
OF
HARRISCOUNTY,TEXAS
177THJUDICIAL
DISTRICT
MOTIONHEARING
14
On
the
5th
day
of
March,
2010,
the
15
following
proceedings
came
on
to
be
heard
in
the
16
above-entitled
and
numbered
cause
before
the
17
Honorable
Kevin
Fine,
Judge
presiding,
held
in
18
Houston,
Harris
County,
Texas.
19
20
21
22
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24
25
Proceedings
reported
by
computerized
stenotype
machine.
LindaHacker,
Texas
CSR
#4167
Official
Court
Reporter
-
177th
District
Court
1201
Franklin,
19th
Floor
Houston,
Texas
77002
713-755-6332
1
2
AP
PEA
RAN
CES
2
3
Attorneys
for
the
State:
4
Mr.
WilliamExley,
Jr.
SBCT
No.
24002071
5
Ms.
Kari
Allen
SBCT
No.
17881650
6
Assistant
District
Attorneys
1201
Franklin,
Suite
600
7
Houston,
Texas
77002
Phone:
713-755-5800
8
9
Attorneys
for
the
Defendant:
10
Mr.
Robert
Loper
Attorney
at
Law11
SBOT
No.
12562300
111
W.
15th
Street
12
Houston,
Texas
77008
Phone:
713-880-9000
1314151617
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2324
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Mr.
John
Patrick
"Casey"
Keirnan
Attorney
at
LawSBCT
No.
11184700
917
Franklin,Suite
550
Houston,
Texas
77002
Phone:
713-236-9700
1
PRO
CEE
DIN
GS2
March
5,
2010
3
THE
COURT:
All
right.
Court
calls
4
Cause
No.
1170853,
styled
the
State
of
Texas
versus
5
John
E.
Green.
6
At
the
conclusionof
yesterday's
7
hearing
wherein
I
granted
a
portion
of
the
8
defendant's
or
Defensemotion
to
hold
that
Texas
9
Code
ofCriminal
Procedure
Article
37
--
in
the
10
title
it
reads
01
which
should
read
071
--
is
11
unconstitutional.
Counsel
forthe
Defense
and
the
12
State
asked
that
we
be
able
to
reconvene
this
13
morning
in
order
topresent
either
authority
and/or
14a
request
forfindings.
So
15
MR.
KEIRNAN:MayI
address
the
16
Court?
I
know
I
made
that
request,
Your
Honor.
17
The
State,
Mr.
Exley,
has
given
me
18
two
motions.
One
is
a
Motion
to
Reconsider
and
the
19
other
one
is
the
Staters
Motion
to
Proceed
Under
20
Proceed
to
Trial
Under
the
Texas
Code
of
Criminal
21
Procedure
Article
37.071.
Your
Honor,
we've
just
22
been
handed
these
motions
and
we've
done
some
23
researchovernight
about
the
way
that
we
could
24
proceed
or
the
State
may
be
able
to
proceed
in
25
appealing
this.
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