BASTROP COUNTY, Texas — Rodney Reed's attorneys are asking for a new judge to look over his case.
The Texas death row inmate was scheduled to be executed on Nov. 20, but the Texas Court of Criminal Appeals granted a stay of execution.
Reed was convicted of killing a woman by the name of Stacey Stites in Bastrop, Texas, more than 20 years ago in 1996.
On Nov. 21, retired District Court Judge Jimmy Don “J.D.” Langley was appointed to Reed's case by Second Administrative Judicial Region’s Presiding Judge Olen Underwood. Underwood had also appointed Reed's previous judge, Doug Shaver.
This comes after Reed's attorneys argued the case’s former judge did not have the authority to order the execution because his assignment ended before he finished the case.
According to court documents filed on Monday, Reed's attorneys are now asking for a new judge to be appointed. His attorneys argue that Langley shouldn't be allowed to take the case because part of the Texas Constitution says only the presiding judge of the convicting court can do that.
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"The Assignment Order is contrary to the Texas Constitution, the laws of this State, and the duly promulgated provisions of the Second Administrative Judicial Region of Texas Regional Rules of Administration," the court documents state. "It contradicts the plain language of article 11.071 § 9(c), which requires a hearing before 'the presiding judge of the convicting court' and interferes with the local authority of the regular sitting judge of the 21st Judicial District, Hon. Carson T. Campbell, to hear matters that are pending before his court."
Reed's case will be reviewed in a trial court and then it will go back to the Texas Court of Criminal Appeals, which ultimately has the final say about whether it agrees with the trial court judge or not.
Hearing dates for Reed's case have not been scheduled yet.
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