In Hennington v. State, 144 S.W.3d 42 (Tex. App.--Eastland 2004, pet. ref'd), after the court of appeals affirmed the defendant's murder conviction, the defendant filed a motion, asking the court to void its opinion and judgment because two of the justices who served on the panel that considered his appeal, Senior Justice Austin McCloud and Senior Justice Bob Dickenson, were not qualified to serve in accordance with the Texas Constitution. He maintained the two senior justices were not qualified to consider his appeal based on the "allegation that they had failed to comply with the oath requirements for 'appointed officers' . . . contained in Article XVI, section 1 of the Texas Constitution." Id. In resolving this issue, the court stated, "we disagree with . . . the defendant's assertion that . . . the two senior justices were 'appointed' officials who were required to take and file additional oaths under the Texas Constitution." Id. The court stated: "The oath requirements of Article XVI . . . of the Texas Constitution applied to newly appointed officers. . . . We conclude that a senior judge sitting by assignment is neither an appointed officer nor an officer occupying a new office. . . . A senior judge does not occupy a new office when he or she is assigned to serve. Instead, the senior judge continues to serve in the capacity he or she held prior to retirement. Article V, section 1-a of the Texas Constitution addresses the status of retired judges sitting by assignment. Article V, section 1-a(1) provides that "the Legislature shall provide for the retirement and compensation of Justices and Judges of the Appellate Courts and District and Criminal District Courts on account of length of service, age and disability, and for their reassignment to active duty where and when needed." Since a senior judge is "reassigned to active duty" whenever he or she is assigned to serve, he or she is not appointed to a new office. We believe that the oaths of office taken by a senior judge while serving on active duty satisfy the oath requirements of the Texas Constitution. Since Senior Justices McCloud and Dickenson properly took and filed the required oaths of office during their terms as active judges, they were constitutionally qualified to sit on the panel of this court which rendered the opinion and Judgment in . . . defendant's . . . appeal." Id. at 45-46.