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Helen M. Abel, D/B/A 24/7 Bail Bonds v. Best Publications, LLP

Citation: Not availableDocket: 07-05-00291-CV

Court: Court of Appeals of Texas; October 2, 2006; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The judicial opinion encompasses two distinct legal matters. In the first case, Helen M. Abel and Best Publications, L.L.P. resolved their dispute and jointly moved to dismiss their appeal under Texas Rule of Appellate Procedure 42.1(a)(2), which the court approved, resulting in a dismissal without consideration of the case's merits. No rehearing motions will be entertained, and the mandate was issued immediately. In the second case, Tai Thanh Ho was convicted of murder and sentenced to seventy-five years in the Texas Department of Criminal Justice. His appointed counsel filed a motion to withdraw, supported by an Anders brief, indicating the appeal lacked merit. Ho was informed of his right to appeal pro se and submitted claims of trial court error, including issues with jury instructions and evidence admissibility. After a comprehensive review of the record, the court concurred with counsel that no reversible errors existed, granted the motion to withdraw, and affirmed the conviction.

Legal Issues Addressed

Anders Brief and Counsel's Motion to Withdraw

Application: After determining that the appeal lacked merit, counsel filed an Anders brief and a motion to withdraw, which the court granted following its own review.

Reasoning: His appointed counsel filed a motion to withdraw, accompanied by an Anders brief, stating that the appeal lacked merit.

Appellant's Right to Appeal Pro Se

Application: The appellant was informed of his right to file a pro se appeal and exercised this right by submitting claims of trial court error.

Reasoning: Counsel informed Ho of his right to appeal pro se and the option to file a response, which Ho did, raising several claims of trial court error.

Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(2)

Application: The court granted the joint motion to dismiss the appeal because the parties resolved their issues, which is permissible under the cited procedural rule.

Reasoning: The court granted this motion under Texas Rule of Appellate Procedure 42.1(a)(2), dismissing the appeal without addressing the merits.

Review of Trial Court Errors

Application: The court reviewed claims regarding jury instructions, extraneous offenses, and evidence admissibility, ultimately finding no reversible error.

Reasoning: The court conducted its own review of the record and found no merit in Ho's claims.