IN RE: MICHAEL ALLYN KENNEDY

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Court of Appeals of Texas, Tyler.

IN RE: MICHAEL ALLYN KENNEDY, RELATOR

NO. 12-17-00123-CR

Decided: April 28, 2017

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

MEMORANDUM OPINION

Relator, Michael Allyn Kennedy, has filed this original proceeding for a writ of mandamus, in which he seeks recusal of the justices of this Court. His complaint appears to arise out of (1) our memorandum opinion of December 16, 2009, in which this Court affirmed Relator's conviction, and (2) our memorandum opinion of August 8, 2012, in which this Court affirmed Relator's sentence. See Kennedy v. State, No. 12–11–00041–CR, 2012 WL 3201924, at *8 (Tex. App.–Tyler Aug. 8, 2012, pet. ref'd) (mem. op., not designated for publication); see also Kennedy v. State, No. 12–08–00246–CR, 2009 WL 4829989, at *3–4 (Tex. App.–Tyler Dec. 16, 2009, pet. stricken) (mem. op., not designated for publication). The time for filing a motion to recuse expired once this Court issued its opinions in those cases. See In re Johnson, 468 S.W.3d 237, 239 (Tex. App.—Amarillo 2015, orig. proceeding); see also TEX. R. APP. P. 16.3 (stating that a party may move for recusal of a justice before whom the case is pending). Accordingly, Relator's petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8.

JUDGMENT

ON THIS DAY came to be heard the petition for writ of mandamus filed by Michael Allyn Kennedy. Said petition for writ of mandamus having been filed herein on April 17, 2017, and the same having been duly considered, because it is the opinion of this Court that the writ should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby denied.

PER CURIAM