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Lori Sue Holcomb v. State
Citation: Not availableDocket: 07-06-00138-CR
Court: Court of Appeals of Texas; August 28, 2006; Texas; State Appellate Court
Original Court Document: View Document
Lori Sue Holcomb is appealing her conviction for burglary of a building, with a sentence of two years confinement in a State Jail facility suspended for five years. The clerk's record has been filed, but the reporter's record is missing. The court reporter indicated that no one has contacted her to prepare the reporter's record and will not be filing it. Holcomb’s attorney, Timothy W. Inman, was notified of these issues, including that Holcomb's brief was due on August 4, 2006, but has not been filed. On August 24, Inman submitted a belated motion for an extension, claiming Holcomb may have been assigned a different attorney. Consequently, the appeal is abated and remanded to the trial court to determine whether Holcomb wishes to continue her appeal, if she has been assigned new counsel, and whether she has received effective assistance of counsel. The trial court is instructed to conduct a hearing on these matters, ensure a transcript is made, and if Holcomb is found to be indigent and wishes to proceed, appoint new counsel if necessary. The trial court must also submit findings of fact, conclusions of law, and the supplemental records to the appellate court by September 28, 2006. In a separate case, Jacqueline Nicole Miller seeks a writ of mandamus from the Court of Appeals to compel the 72nd District Court, Lubbock, Texas, to vacate its order that denied her motions to compel the discovery of mental health records related to Lauren Claire Culwell, who sued Miller for damages from an automobile accident. The trial court had denied her request for these records. Miller's request for mandamus relief hinges on her ability to demonstrate a lack of adequate remedies through appeal, particularly regarding a discovery dispute impacting her defense at trial. The legal precedent cited indicates that mandamus is warranted when a discovery order significantly undermines a party's trial capabilities. In this case, Miller argues that without access to Dr. Taylor's mental health records, she cannot prove that Culwell had a pre-existing mental condition that could have contributed to her fibromyalgia, for which Culwell seeks damages. Miller aims to establish that Culwell's mental health issues were unrelated to the car accident. However, the court notes that Miller has not argued that this information cannot be obtained directly from Culwell, nor provided evidence that Culwell has refused to discuss her mental health status. Consequently, the court concludes that Miller has not sufficiently proven that her defense would be severely compromised without Dr. Taylor's records, resulting in the denial of her petition for mandamus relief.