HomeMy WebLinkAbout1985-07-12-0325PM-SpecialI •
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R. J. (DICK) HOLMGREEN
COUNTYJUDGE
BRAZOS COUNTY, TEXAS
,jratos County Courthouse , ^
Bryan, Texas 77801-3801 ~ h
(713) 775-7400 Exi 303
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, WILL HOLD AND EMERGENCY SPECIAL
MEETING ON FRIDAY, AT 3:Z5PM O'CLOCK IN THE COMMISSIONERS COURTROOM OF THE BRAZOS +
COUNTY COURTHOUSE FOR THE PURPOSE OF RESPONDING TO A MOTION FILED IN THE COURT
OF APPEALS FOR THE FOURTEENTH SUPREME JUDICIAL DISTRICT OF TEXAS AT HOUSTON, TEXAS
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COMMYSSIONERS' COURT
JULY 12, 1985
3:30 P.M.
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The Commissioners Court held an emergency special meeting
on Friday, July 12, 1985, at 3:25 P.M. in the Commissioners
Courtroom of the Brazos County Courthouse, Bryan, Texas, with
the following members of the Court present:
R. J. Holmgreen, County Judge, presiding:
Bill J. Cooley, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2;
Billy E. Beard, Commissioner of Precinct 3;
Milton Turner, Commissioner of Precinct 4 - Absent
Frank Boriskie, County Clerk.
The following citizens and officials were in attendance:
Meredith Murphy KBTX-TV
Bill Turner District Attorney
Todd Jermstad Assistant District Attorney
David Nunnelee The Eagle
Sherylon Carroll WTAW
Ruth McLeod Admin.Asst.Commissioners Court
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The purpose of the meeting was to direct the District
Attorney in responding to a motion filed in the Court of Appeals
for the Fourteenth Supreme Judicial District of Texas at Houston,
Texas, in connection with the suit styled "Ronnie Miller vs. R. J.
"Dick" Holmgreen, County Judge, Brazos County Texas, Et Al. Such i
motion was a Petition For Immediate Temporary Relief And Writ Of
Injunction, to stop the Commissioners Court from calling a Special
Election to be held August 10, 1985, 'for the office of Sheriff of
Brazos County.
Bill Turner, District Attorney advised the Court that a rep-
resentative from the District Attorney's office was standing by
to file an Answer on behalf of Brazos County.
After discussion, is was the consensus of the Court that it
should obey the Order of the District Judge to call the Special
Election, and that the District Attorney should file an answer
for the Commissioners Court to this effect. A full copy of the
Petition is attached hereto and made a part of these minutes.
There being no further business the meeting was adjourned.
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The foregoing minutes have been examined and approved in
open Court this the day of (~~iJISW ,
19 in Bryan, Brazos County, Texas.
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o mgreen B-31.711 oo ey
County Judge Comm sioner, Pre nct 1
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a ter W cox
Commissioner, Precinct 2
Mi'lton Turner
Commissioner, Precinct 4
N
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Billy ear
Commissi ner, Precinct 3
Fran Bor s e
County Clerk
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No.
RONNIE MILLER
VS.
R. J. (DICK) HOLMGREEN, COUNTY JUDGE,
BRAZOS COUNTY, TEXAS, ET AL.
IN THE COURT OF APPEALS FOR THE
FOURTEENTH SUPREME JUDICIAL DISTRICT
OF TEXAS AT HOUSTON, TEXAS
PETITION FOR IMMEDIATE TEMPORARY
RELIEF AND WRIT OF INJUNCTION
TO THE HONORABLE COURT:
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NOW COMES RONNIE MILLER, Relator and files this his Petition For
Immediate Temporary Relief And Writ Of Injunction against R. J.
(Dick) Holmgreen, County Judge of Brazos County, Texas, Bill Cooley,
County Commissioner, Precinct 1, Walter Wilcox, County
Commissioner, Precinct 2, Billy Beard, County Commissioner,
Precinct 3, Milton Turner, County Commissioner, Precinct'4, Frank
Boriskie, County Clerk, Gerald R. (Buddy) Winn, Tax
Assessor/Collector, and as grounds therefor would respectfully
show the Court as follows:
Y.
That Ronnie Miller, Relator, resides in Bryan, Brazos County,
Texas*
lie
That this Court has jurisdiction of this matter by and pursuant
to TEX. REV. CIV. STAT. ANN., art. 1823.
III.
That Respondent, R. J. (Dick) Holmgreen resides'in Bryan, Brazos
County, Texas and may be served with citation and notice herein at
the office of the County Judge, Brazos County Courthouse, Bryan,
Texas 77803.
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That Respondent, Bill Cooley, County Commissioner, Precinct 1,
(Brazos County, Texas resides in Brazos County, Texas and may be
served with citation and notice herein at 503 Glade, College
Station, Texas 77840.
That Respondent, Walter Wilcox, County Commissioner, Precinct
2, Brazos County, Texas resides in Brazos County, Texas and may be
served with citation and notice herein at Route 1, Box 290, Bryan,
Texas 77801.
That Respondent, Billy Beard, County Commissioner, Precinct 3,
Brazos County, Texas resides in Brazos County, Texas and may be
served with -citation and notice herein at the office of County
Commissioner, Precinct 3, Brazos County Courthouse, Bryan, Texas
77803.
That Respondent, Milton Turner, County Commissioner, Precinct
4, Brazos County, Texas resides in Brazos County, Texas and may be
served with citation and notice herein at 1422 West 28th Street,
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Bryan, Texas 77803.
That Respondent, Frank Boriskie, County Clerk, Brazos County
resides in Brazos County, Texas and may be served with citation and
notice at the office of the County Clerk, Brazos County Courthouse,
Bryan, Texas.
That Respondent, Gerald R. (Buddy) Winn, Tax Assessor/Collector
of Brazos County, Texas resides in Brazos County, Texas and may be
served with citation and notice herein at the office of the Tax
Assessor/Collector, Brazos County Courthouse, Bryan, Texas 77803.
That Howard Hill, Plaintiff and Contestant in Cause No. 26,163,
pending in the 85th Judicial District, Brazos County, Texas styled
Howard Hill v. Ronnie Miller, the real party in interest or a party
whose interest would be directly affected by this proceeding resides
in Brazos County, Texas and may be served with citation and notice
herein at 4007 N. Texas Ave., Bryan, Texas.
IV.
That Relator, Ronnie Miller, is the duly elected sheriff of
Brazos County, Texas. That on November 20, 1984, the
Commissioners' Court of Brazos County, Texas canvassed the results
of the election held November 6, 1984, for the office of sheriff of
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Brazos County, Texas. That attached hereto, marked Exhibit "A" and
by reference thereto incorporated herein for all purposes, is a
certified copy of the minutes of the meeting of the Commissioners'
Court of Brazos County, Texas, on November 20, 1984.
V.
That Relator, Ronnie Miller, was duly issued the Certificate of
Election for the office of sheriff of Brazos County, Texas. That
attached hereto, marked Exhibit "B" and by reference thereto
incorporated herein for all purposes, is a true and copy of said
Certificate of Election.
VI.
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That on January 15, 1985, Relator, Ronnie Miller, filed the bond
for the of f ice of sheriff of Brazos County, Texas, required by TEX.
REV. CIV. STAT. ANN., art. 6866. That attached hereto,! marked
Exhibit "C" and by reference thereto incorporated herein for all
purposes, is a certified copy of said Bond.
VII.
That by order dated April 2, 1985, the Honorable Arthur C.
Lesher, Jr. Presiding Judge in Cause No. 26,163, 85th Judicial
District, Brazos County, Texas styled Howard Hill v. Ronnie Miller
declared the General Election on November 6, 1984 for the office of
sheriff of Brazos County void and ordered the officials of Brazos
County, Texas, charged by law with calling and holding elections for
the office of sheriff of said County, to call and hold another
election for the office of sheriff of Brazos County, Texas on the
earliest date provided by the laws of the State of Texas. That the
trial court's order makes no allowance for an appeal and/or the time
necessary to do so. That attached thereto, marked Exhibit "D" and
by reference thereto incorporated herein for all purposes, is a
certified copy of said order.
VIII.
That on April 8, 1985, the Commissioners` Court of Brazos
County, Texas set the date for the special election for the office of
sheriff of Brazos County on Saturday, August 10, 1985. That
attached hereto, marked Exhibit "E" and by reference thereto
incorporated herein for all purposes, is a certified copy of the
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minutes of the meeting of the Commissioners' Court of Brazos County,
Texas on April 8, 1985.
IX.
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That Relator has perfected his appeal of Cause No. 26,163,
pending in the 85th Judicial District Court of Brazos County, Texas
and styled Howard Hill v. Ronnie Miller, said cause being received,
filed and docketed as Case No. 14-85-00429 CV in the Court of Appeals
for the Fourteenth Supreme Judicial District of Texas at Houston#
Texas. That attached hereto, marked Exhibit "F" and by reference
thereto incorporated herein for all purposes, is a certified copy of
Relator's Notice of Appeal. That attached hereto, marked Exhibit
"G" and by reference thereto incorporated herein for all purposes,
is a certified copy of Relator's Cost Bond on Appeal.
X.
That the Statement of Facts is due for filing in Case No. 14-85-
00429 CV in the Court of Appeals for the Fourteenth Supreme Judicial
District of Texas at Houston, Texas on July 11, 1985.
XI.
That on April 2, 1985, Relator filed his motion to Set
Supersedeas and presented same to the Court. That attached hereto,
marked Exhibit "H" and by reference thereto incorporated herein for
all purposes, is a certified copy of said Motion.
That on May 13, 1985, Arthur C. Lesher, Jr., granted the Motion
to Set Supersedeas filed by Contestant, Howard Hill, and by order
signed on May 13, 1985, fixed the amount of the bond at $7,500.00.
That attached hereto, marked Exhibit "I" and by reference thereto
incorporated herein for all purposes, is a certified copy of said
order.
That the trial court's order of May 13, 1985, has been the
V
subject of an original mandamus proceeding in the Court of Appeals
for the Fourteenth Supreme Judicial District of Texas at Houston,
Texas, in Case No. A14-85-280-CV, styled Ronnie Miller, Relator v.
Honorable Arthur C. Lesher, Jr., Respondent and an original mandamus
roceedin in the Su reme Court of Texas in No r-4246 styled Howard
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Hill, Relator V. The Fourteenth Court of Appeals, Respondent.
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That pursuant to the opinion of the Supreme Court of Texas in No.
C-4246, Relator, Ronnie Miller, will not be permitted to file a ,
supersedeas bond to suspend the of fect of the trial court' s order of
April 2, 1985.
XII.
That Relator has the right to an appeal of the order signed by
Judge Arthur C. Lesher, Jr., on April 2, 1985, and accordingly he has
made said order the subject of an appeal pending in the Court of
Appeals for the Fourteenth Supreme Judicial District of Texas at
Houston, Texas in Case No. 14-85-00429 CV. That by failing to allow
sufficient time for an appeal, the order signed by Judge Arthur C.
Lesher, Jr., on April 2, 1985, invades and/or threatens the
jurisdiction of the Court of Appeals and infringes upon Relator's
absolute right of appeal. That unless a writ of injunction is
issued enjoining Respondents from preparing for and conducting the
election, an election for the office of sheriff of Brazos County,
Texas will be conducted on August 10, 1985.
XIII.
That pursuant to subdivision 3, art. 5.05, Texas Election Code,
the period for absentee voting for the special election for the
office of sheriff of Brazos County, Texas if held on August 10, 1985,
would commence on July 22, 1985.
That upon the commencement of absentee voting on July 220 1985
for the office of sheriff of Brazos County, Texas, the appeal of
Relator in Case No. 14-85-00429 CV, pending in the Court of Appeals
for the Fourteenth Supreme Judicial District of Texas at Houston,
Texas, will become moot.
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XIV.
That there is insufficient time between the date the Statement
of Facts is due for filing and the date absentee voting is scheduled
to commence on July 22, 1985 to allow a full, complete and adequate
appellate review of this matter.
XV.
That pursuant to Rule 414 W , Relator, as Appellant, has thirty
(30) days after the filing of the transcript and Statement of Facts
to file his brief. That pursuant to Rule 414(1), Howard Hill, as
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Appellee, has twenty-five (25) days after the filing of Appellant°s g
I i brief to file his brief. That although the Court of Appeals has
granted Appellee's motion to Accelerate this appeal the period of
eleven (11) calendar days, between July 11, 1985 and July 22, 1985 is
an insufficient period of time for Relator to 'review the transcript
and Statement of Facts, prepare and file his brief; for Appellee,
Howard Hill, to prepare and file his brief; and, for the case to be
argued, submitted and deckled. That pursuant to Rule 458(a), Texas
Rules of Civil Procedure, any party may file a motion for rehearing
within fifteen (15) days after the date of rendition of the judgment
or decision of the Court of Appeals.
XVI.
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That the Writ of Injunction requested herein is necessary to
preserve and protect the jurisdiction of this Court.
That the Writ of Injunction is the only remedy available to
Relator to protect his right of appeal.
That Relator has previously filed a motion For Leave To File
Petition For Immediate Temporary Relief And Writ of Prohibition with
this Court in Case No. 14-85-00429 CV, and said Motion For Leave was
denied.
WHEREFORE, PREMISES CONSIDERED, Relator, Ronnie -Miller,
respectfully prays that:
1. This Court grant the following immediate temporary relief:
Enjoin Respondents to immediately cease and desist
from doing any act in furtherance of the special
election scheduled for August 10, 1985, for the
office of sheriff of Brazos County, Texas.
2. This Petition for Writ of Injunction be filed and set for
hearing;
3. Respondents be given notice of the filing of this Petition
and the hearing thereon;
4. Following the hearing hereon this Court grant Relator a
Writ of injunction directed to Respondents:
A. Enjoin Respondents R. J. (Dick) Holmgreen, Bill
Cooley, Walter Wilcox, Billy Beard and Milton Turner
to cease and desist from doing any act in furtherance
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of the special election on August 10, 1985, for the
office of sheriff of Brazos County, Texas, pending
the final outcome of the appeal of Cause No. 26,163,
85th Judicial District, Brazos County, Texas, styled
1
Howard Hill v. Ronnie Miller in Case No. 85-14-00429
CV pending in the Court of Appeals for the Fourteenth
Supreme Judicial District of Texas at Houston, Texas
and/or issuance of the mandate in Case No. 85-14-
00429 CV.
B. 'Enjoin Respondent Frank Boriskie, County Clerk of
Brazos County, Texas to cease and desist from doing
any act in furtherance of the special election on
August 10, 1985.
C. Enjoin Respondent Gerald R. (Buddy) Winn to cease and
desist from doing any act in furtherance of the
special election on August 10, 1985.
D. Enjoin Respondents from commencing absentee voting on
July 22, 1985 for the special election on August 10,
1985 for the office of sheriff of Brazos County,
Texas.
5. For such other and further relief, both at law and in
equity, special or general, to which Relator may be justly
entitled.
I~
Respectfully submitted,
LAWRENCE, THORNTON, PAYNE,
WATSON & KLING
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P. O. Drawer E
Bryan, Texas 77805
(409) 779-1444
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VERIFICATION
STATE OF TEXAS
COUNTY OF BRAZOS §
BEFORE ME, the undersigned authority on this day personally
appeared Ronnie Miller, who being by me duly sworn on his oath
deposed and said that he is the Relator in the above-entitled and
numbered cause; that he has read the above and foregoing Petition
For Immediate Temporary Relief And Writ Of injunction; that every
statement contained therein is within his knowledge and is true and
correct.
Ronnie Miller, Relator
SUBSCRIBED AND SWORN TO before me on the day of
1985, to certify which, with witness by my hand and
seal of office.
Notary Public In and for
the State of Texas
My Commission Expirea:
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of the Petition For
Immediate Temporary Relief And Writ Of Injunction has been mailed by
certified mail, return receipt requested, to Howard Hill through his
attorney of record, Mark Davidson, 723 Main Street, Suite 310,
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Houston, Texas 77002, R. J. (Dick) Holmgreen, County Judge,
Brazos
1
County Courthouse, Bryan, Texas
77805, to Bill Cooley,
County
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Commissioner, Precinct 1, Brazos
County Courthouse, Bryan,
Texas ~
77805, to Walter Wilcox, County
Commissioner, Precinct 2,
Brazos
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County Courthouse, Bryan, Texas 77805, to Billy Beard,
County
Commissioner, Precinct 3, Brazos
County Courthouse, Bryan,
Texas`
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77805, to Milton Turner, County
Commissioner, Precinct 4,
Brazos
County Courthouse, Bryan, Texas
77805, to Frank Boriskie,
County
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Clerk, Brazos County Courthouse,
Bryan, Texas 77805, and to
Gerald
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(Buddy) Winn, Tax Assessor/Collector, Brazos County Tax Offi
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Bryan, Texas 77805, on this the ~~~day of July, 1985.
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i COMMISSIONERS COURT MEETING
NOVEMBER 20, 1984
The Commissioners Court met in Special Session on
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Tuesday,
November 20, 1984 at
10:00 A.M. in the Commissioners C
ourtroom ,
of the Brazos County
Courthouse, Bryan, Texas, to canv
ass the i
results of the elect
ion held November 6, 1984 for the
office of
County Sheriff. The
following members of the Court were present: 4
R. J. Holmgreen
, County Judge, presiding:
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Bill J. Cooley,
Commissioner of Precinct 1;
Walter Wilcox,
Commissioner of Precinct 2;
Billy E. Beard,
Commissioner of Precinct 3;
Milton Turner,
Commissioner of Precinct 4;
Frank Boriskie,
County Clerk.
In accordance.
with the Order of the 272nd. District Court
the results for the
Office of County Sheriff were not
included f
in the canvass of Election held by the Commissioners Court on
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November 8, 1984, pending a recount of election precincts 20, 21,
32, 33, 34 and 35.
The Commissioners Court having received the
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results of the recount. proceeded to canvass the resul
ts of the
;
Sheriff's race as follows:
s
PRECINCT #
, HOWARD HILL
RONNIE MILLER,t
Absentee
1659
1732
;
1
230
81
1 2
495
555
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3
423
217
ry
4
694
47
5
281
203
+
6 i
118
59
7
366
392
g
584
736
9 j
676
882 _
t
10
926
1400
S
it
245
265
i
12 1
1106
901
13
934
708
14
699
314
15
e
602
403
,
• 16
468
161
l~ '
2
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17
577
99
0
18 626 106
19 1067 747
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RHIBIT A
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20
21
2 2
f
t . 23
! 24
25
26
27
28
29
30
31
32
f
33
34
35
.-a
36
37
699
1753 h
191
245
° 563
! 517
807
804
522
714 '
531
57
637
697 +
263
231
133
132
304
193
70
50 i
426
547
1140
1478
503
791 +
672
1217
575
1376
463
460
,
578
667
38 131 10
TOTAL 21°984 I 22,146 ~I
After hearing the.results read aloud Commissioner Heard moved
to declare the totals as the official results of the election for
County $heriff. The motion was seconded by Commissioner Wilcox ~•o• °
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and carried unanimously.
There being no further business to come before the Court the
meeting was adjourned. '
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EXHIBIT
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The foregoing minutes have been examined and approved in
4 open Court this the ( I day of _I )LIA.l ( 1\
19 in Bryan, Brazos County, Texas.
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County Judge
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Walter Wilcox
Commissioner, Precinct 2
MIlton Turner
Commissioner, Precinct •4
S~ cs ,
Bill o ey
Commissiorer,IPrecin 1
y ear
Comma oner, Precinct 3
Frank or s e
County Clerk
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THE STATE OF. TEXAS'
COUNTY. OF BRAZOS
1, Frank Borlskle, County Clerk of Braros County. T. 9X",
do hereby certify that the foregoing IS it true and
Correct of the orfgi s t same m; of record
r In Vol. 14 PM Rstordi d tl~1d
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Caxity on fie in -0?~4' ~r~.,~•f
ATTEST
t=ralnlc Govi-swa, Carly Clerk
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CERTIFICATE OF ELECTION
IN THE NAME AND BY THE AUTHORITY OF
THE COUNTY OF BRAZOS. TEXAS
THIS IS TO CERTIFY. That at a general election held on
Tuesday, November 6, A D. 1984
h0N'4:I E 141 LLER
was duly elected
SHERIFF
snd received a total of 22146 votes.
• I
In testimony whereof, I have hereunto
signed my name and caused the Seal ,
of Brazos County, Texas to be affixed,
this the First day of January A.D.,
1985
s
la4l, 1 - A-4
R. J. "DICK" HO MGREEN
County Judge of Brazos County
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TX 339494 '
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30NINNG CO.
! . AUSTIN • MANOMA CRY • 013 MOMS
OFFICIAL BOND AND OATH '
THE STATE OF TEXAS
County of• 3RAZ0S
KNOW ALL MEN BY THESE PRESENTS!
That we, RO!'mir y. :1ILLF.T. as Prindpal, and
the MERCHANTS MUTUAL BONDINC COMPANY, a corporation duly licensed to do business in the State
of Testes, as Surety, are held and bound unto -00VCRNOR STAT=07 TEXAS .111X sueoessors in 611106,
in the sum oft FIVE T:10U3s`10„ KM NO1100 (S ) DOLLARS. for the
payment of which we hereby bind ourselves and our heirs, executon and administrators, Jointly and severally,
by these presents. (Not valid if filled In for more then $10.000.00)
THE CONDITION OF THE ABOVE OBLIGATION Is such, that, whereas, the above bounden
Principal was on the 318t day of Decerber 1984
duly Elected to the o®ce of Sheriff
1 x].et.~ • A rr•uaa ~
In and fors BRIZOS County in the State of Texas.
Now, therefore, if the said Principal shall well and faithfully perform and discharge all the duties
required of him by law as Sheriff aforsaid. and 914114
"FOR THE FAITHM DISMIARGS OP IM Dt,•T1ES OF 1118 OrFICC" ~
A11l1Q•:•,
At crcftcl(~JA
LJb'%,
►1"K SUrwalu E
then this obligation to be void, otherwise to remain in full force and effect. %Pqw
Dated this 31st day of Dncpt•' 19 84
" .e
_ , ~l~ J~ 1 Principal
MERCH M1,3 UP19B C-0«
i By i
VI& Penldsnt
ACKNOWLEDGEMENT OF PRINCIPAL h•'
THE STATE OF TEXAS
County of SAA70s ss.
Before me. C•ZORG3 n3B _-on this day pen.onaily appeared
ROMVI% A. -ILLZ. im wn to me to be the person whose name is subscribed to the
i foregoing instrvmeM, and acknowledged to me that he executed the same for the purposes and consideration
therein exptent0'••••..
"PIvitiMundet 14/~&pd•and sail of office, at SPYNN,
• this Sis_ day of De enrbnr 1984
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SEAL • ° 3RAZOS County. Teas.
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• • • OATH OF OFFICE
• „ • • (COUNT? JUDOS and COUNTY COMN=ONM)
do solemnly swear (or allL m), that I WM
• faltWly execute the duties of the office of of
• County of the State of Texas, and will to the best of my ability preserve, protect,
.and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly
swear (or affirm). that I have not directly nor indimtly paid, offered, or promised to pay, contributed, nor
promised to contribute any money. or valuable thing, or promised any public office or employment, as a
reward for the giving or withholding a vote at the election at which I was elected, and I furthermore sol-
emnly swear (or affirm), that I will not be, directly or Indirectly, interested in any contract with, or claim
against the County. except such warrants as may Issue to me as fees of office. So help me God."
. (Signed)
• Sworn to and subscribed before me at , Texas, this day
of
SEAL County, Teas.
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OATH OF OFFICS
(GENERAL)
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Ronnie Miller , do solemnly swear (or affirm), that I will.
faltbfully execute the duties of the office of Sheriff , of
• Brazos _ County of the State of Texas. and will to the best of my ability preserve, protect,
and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly
swear (or affirm), that I have not directly nor Indirectly paid, offered, or promised to pay. contributed, nor ,
promised to contribute any money. or valuable thing, or promised any public office or employment, as a
reward for the giving or withholding a vote at the election at which I was elected. So help me God."
(Signed)
i
Sworn to and subscribed before me at Bryan , Texas. this 1st day
of .Tanunry , 1~$~. '
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SEAL t.~ [AlLv S County. Texas.
q`~rll ,.,7• ~•A4-L • OF TEXAS
~•County o! • f
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The foregoing bond of as ,
tn,and for County and State of Texan,
this day approved in open Commissioner's Court,
ATTEST: Date 19 .
Clerk.
County Court County.
• •
County Judge,
County, Texas
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THE STATE OF TEXAS
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CO xes.
UNTY OF 811ZOS Cterk of Brazos County.
kie. County fpfegoing is a true and
1• Frank 8ais that the aPD,3TS of record s
i do hereby cede YY orlcinas the
Records of said
correct el:,PY of 1 in
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County un fl.e in my
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CAUSE NO. 26,163
HOWARD HILL '
X IN THE STN D STRICT COURT
VS. X OF R 1'. CLUX !
RONNIE MILLER I BRA20S C ,
DE IT REMEMBERED, on the 11th day of March, 1985, the
;above styled and above cause came on to be heard. The Plantiff
Contestant, HOWARD HILL, was present in person and by Counsel.
The Defendant - Contestee, RONNIE MILLER, was present in person
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and by counsel. All parties announced ready'for trial.
The Court, having read the pleadings and having heard
and considered all of the evidence and argument of Counsel, and
:after the Contestant and the Contestee had rested, finds that
,,this proceeding is an election contest as provided for in
Chapter Nine of the Texas Election Code and, in particular, the
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contest for the Office of Sheriff of Brazos County, Texas, held
in the General Election on November 6, 1984 in Brazos County,
Texas. The Court has jurisdiction of this cause and of the
parties. The Court further finds that illegal votes were cast
in the November 6, 1984 General Election in Brazos County, :t•P
Texas, and that the number of such illegal votes is sufficient
to change the outcome of the said election for the office of
Sheriff of'Brazos County Texas.
.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that
the General Election on November 6, 1984 for the office of
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Sheriff of Brazos County is declared void. IT IS FURTHER
ORDERED that the officials of Brazos County, Texas, charged by
law with calling and holding elections for the Office of Sheriff
of said County, call and hold another election for the Office
of Sheriff of Brazos County, Texas, on the earliest date provided.
by the laws of the State of Texas, and that forthwith a certified ,
copy of this judgment be delivered by the District Clerk of
Brazos County, Texas, to the County Judge of Brazos County,
Texas, and to each of the four (4) Commissioners of said County
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64-263
E"A"HIBIT D
VOL PAGE ?0
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3 I and additionally, the said District Clerk shall deli
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certified copy of this judgment to the County Clerk and the
County Tax Assessor-Collector of Brazos County, Texas.
All relief not expressly granted herein is denied.
All costs of court in this cause is adjudged against
the Contestee, for which let execution issue.
SIGNED this A4 day of April, 1985.
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• THE STATE OF TEXAS )
COUNTY OF BRAZOS )
r 1, W. D. Burley, Clerk of the District Court of Brazos Counly, Tens
do hereby certify that the toregot is a true and correct copy of
the original In u No.°~c_~ as the dame appears of
record In Vol. Pagp, 0 In C_ _R=dt
of seid District Court on file in odI
ATT t St:
W. D. RURI EY, crctClerk
S Brazos County, Texas
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"If 10 "A' OT 9 'r
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D
VO L ~ PAG E
JUDGE PRESIDING
THE STATE OF TEXAS X
COUNTY OF BRAZOS X
I, FRANK BORISKIE, CLERK OF THE COUNTY COURT in and for
Brazos County, Texas, do hereby certify that the following is
a true excerpt from the Minutes of the Commissioners Court
Meeting held April 8, 1985, in the Commissioner Courtroom of
the Brazos County Courthouse, Bryan, Texas:
"The County Judge laid before the Court a certified copy
of a Court Order of the 85th District Court in Cause No.
26,163 styled Howard Hill vs Ronnie Miller. Such Court
Order declared that the General Election on November 6,
1984, for the office of Sheriff of Brazos County is de-
clared void. The Court Order further ordered that the
officials of Brazos County, charged by law with calling
and holding elections for the office of Sheriff, call and
hold another election for the office of Sheriff on the
earliest date provided by law. The County Judge advised
the Court that, according to Art.2.01b subparagraph (a)
of the Election Code, the second Saturday in August, or
August 10th., was the earliest date that the election
could be held. On motion by Commissioner Turner, seconded
by Commissioner Beard the Court voted unanimously that
the date for the Special Election for the Office of Sheriff
of Brazos County be set on Saturday, August 10, 1985."
GIVEN UNDER MY HAND AND seal of office this the 16th. day
of April, 1985, in Bryan, Brazos County, Texas.
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Frank Boriskie, County Clerk
Brazos County, Texas
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EAHIBIT E
VOL R---------
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D82 tMiller.Ap• _ CJKt s jw 4, 85 " r• I ,
APR 2 1985 `
s^ Cause No. 26,16
W. D. BURLEY. OW. f~ ~
L • HOWARD HILL § IN E 3 IraQP~O OF
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VS. § BRAZOS COUNTY, TEXAS
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RONNIE MILLER § 85TH JUDICIAL DISTRICT
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NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURTS
NOW COMES RONNIE MILLER, Contestee and now Appellant in the I
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'above entitled and numbered cause, and hereby gives notice to the
court and opposing counsel of his intent to appeal the Judgment
signed by the Court in this cause on April 2, 1985.
.
Respectfully submitted,
LAWRENCE, THORNTON, PAYNE,
WATSON 6 KLING 14
P. O. Drawer E I•
Bryan, Texas 77805
By:
•
C. K•ing
Att me fo Contestee
Stmt B r N 11573800
.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing
Notice of Appeal has been hand delivered to attorney for Contestant,
N
Mr. Mark Davidson on the OL day of April, 1985.
C. J KSTATE OF TEXAS )
COUNTY OF BRAZOS )
t, W. D. Burley, Clerk of the Dlstfict Court of Brazos County, Tests
do hereby certify that the to a oin is a true and correct coq of
the oriyinel In Cause No=,. as the same appears of
tetord In cads
of stid District Court on tile in odice,
ATTIST: /1
W. D. 8.,n! E1', ret Clerk
Creme rr,.ntu Tersc n
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X161 t FVOL
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I Cause No. 26,163 ~~o'Edock_
HOWARD HILL § IN THE DIS
§
VS. § BRAZOS COU ,
RONNIE MILLER § 85TH JUDICIAL DISTRICT
COST BOND ON APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
WHEREAS, in the above entitled and numbered cause pending in the
85th Judicial District Court of Brazos County, Texas, a judgment was
signed on the second day of April, 1985 in favor of Howard Hill,
I Plaintiff and Contestant, against Ronnie Miller, Defendant and
I
I Contestee, declaring that the General Election of November 6, 1984
for the office of Sheriff of Brazos County void and ordering another
! election, from which judgment Ronnie Miller desires to appeal to the I
Court of Appeals for the Fourteenth Supreme Judicial District of
I Texas.
I
II NOW. THEREFORE, WE, Ronnie Miller as principal and
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+I ~cl~, .,1,•,~ L and ~EviE°G c G,iE68 as sureties,
:1 acknowledge ourselves bound to pay to W. D. Burley, District Cleri
the sum of One Thousand Dollards ($1,000.00) as prescribed by Tex.
;I R. Civ. P. 354(a), conditioned that Ronnie Miller, appellant shall I
~I prosecute his appeal with effect and shall pay all costs which have I
accrued in the trial court and the cost'of the statement of facts an= j
transcript.
I
j WITNESS our hands on this day of May, 1985.
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Ronnie Miller, Principal
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Surety
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City ate
AGE- y IXHIBIT G
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MAY 1 1985
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QtMiller.Mt CJK:sjw 4/2/05
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• Cause No. 26,163
1R+s
R ~`STtW1_
HOWARD HILL IN THE I '~RIC
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VS. § BRAZOS COUNT , S
RONNIE MILLER 85TH JUDICIAL DISTRICT 1
MOTION TO SET SUPERSEDEAS
TO THE HONORABLE JUDGE OF SAID COURTS
NOW COMES RONNIE MILLER, Contestee in the above styled and
1
numbered cause, and respectfully moves that the Court set the amount
of the supersedeas bond required for Contestee's appeal and would
I
respectfully show the followings
z.
That Contestee intends to appeal the Judgment signed by the
Court in this cruse on April 2, 1985.
YI.
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That Contestee wishes to supersede the Judgment signed in this
a
causelwhile said cause is upon appeal.
That Contestee intends to file a separate bond for costs in this
matter.
WHERL'FORE, PREMISES CONSIDERED, Contestee prays that this court
+
set the supersedeas bond herein, that such bond is in nominpl
, V
amount, and for such further relief, either at law or equity, to
which Contestee may show himself be justly entitled. -
Respectfully submitted,
LAWRENCE, THORNTON, PAYNE,
WATSON & KLING
P. O. Drawer E
Bryan, Texas 77805
Bye
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C. (~IK1
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Atto eys r Contest e
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Bar No. 115738 0
Stat
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VOL__PAGE ~9L
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DB2tMiller.Mt CJK:s jw 4/2/8:
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i CERTIFICATE OF SERVICE
s
I hereby certify that a true and correct copy of the foregoing
Motion To Set Supersedeas has been hand delivered to attorney for
Contestant, Mr. Mark Davidson on the ZNDday of April, 1985.
! C. J. A ng
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' THE STATE Or TEXAS )
COUNTY OF BRAZOS )
1. W. D. Burley, Clerk of the DlstdCt Court of Brazos County, Teas
ti do l,ertby certify that the Iprr~ go+~n~ Is a true and correct Copt Of
the originel In Cause No~►~,as the same appears of
mord in Records
of srid District Court on tile In o..
00-
IV. (1. BURLEY, nisvnct Clerk 2 ,
Brazos County, Texas )
By: - 1 Deputy
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PAGE 6'1#7
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HOWARD HILL
VS.
RONNIE HILLER
Cause No. 26,163
m o clack _
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1 31985
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IN THE DISTRICT COURT OF
BRAZOS COUNTY, TEXAS
85th JUDICIAL DISTRICT
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On this 13th day of May, 1985, came on to be heard the motion of
Ronnie Miller, Contestee for a new trial in the above styled and
numbered cause and came the Contestee, Ronnie Miller and Howard
Hill, the Contestant,and the said motion having been presented
to the Court in due time, manner and form and with due notice,
and it appearing to the Court that such motion should be over-
ruled. it is accordingly ordered, adjudged and decreed that the
said motion for new trial be, and it is hereby, overruled.
Signed this /3 day of May, 1985.
THE STATE OF TEXAS)
'
COUNTY OF BRAZOS )
I. W. D. Burley, Clerk of the District Court of Brazos County
Texas
,
do hereby certify that the t regoin is a true and correct copy of the ori
inal i
C
A 63
g
n
ause No
as the fame !pears of
record in Vol. k5
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a
Records
of said Districl Coo rt -je n
m office,
ATT:ST: n
j
W. D. 80PL EY, Distr C1 Clerk
►
Brazos Coun )exas
•
65-1/*
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EXHIBIT I
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