Narrative Opinion Summary
Court reporter Grelyn Freeman submitted a third request for an extension to prepare the reporter’s record in the case Michael Perry v. The State of Texas, originally due by June 28, 2013, and extended to August 28, 2013, following her second request. The Texas Rules of Appellate Procedure delineate the responsibilities of trial and appellate courts in ensuring timely filing of appellate records, allowing for extensions of up to 30 days for ordinary appeals and 10 days for accelerated appeals. The appellate court has the authority to permit late filings regardless of fault. In response to Freeman's request, the court overruled the extension and mandated that the reporter’s record be completed and filed by September 30, 2013. The court warned Freeman that failure to comply may result in contempt proceedings against her for not adhering to the court's order. The order was issued on September 11, 2013.
Legal Issues Addressed
Consequences for Noncompliance with Court Orderssubscribe to see similar legal issues
Application: The court may initiate contempt proceedings against individuals who fail to comply with court orders regarding filing deadlines.
Reasoning: The court warned Freeman that failure to comply may result in contempt proceedings against her for not adhering to the court's order.
Extension of Time for Filing Appellate Recordssubscribe to see similar legal issues
Application: The appellate court has the discretion to grant extensions for filing appellate records, but may choose to deny such requests and enforce strict deadlines.
Reasoning: The appellate court has the authority to permit late filings regardless of fault. In response to Freeman's request, the court overruled the extension and mandated that the reporter’s record be completed and filed by September 30, 2013.
Responsibilities under Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The Texas Rules of Appellate Procedure specify the roles of trial and appellate courts in managing the timely submission of appellate records.
Reasoning: The Texas Rules of Appellate Procedure delineate the responsibilities of trial and appellate courts in ensuring timely filing of appellate records, allowing for extensions of up to 30 days for ordinary appeals and 10 days for accelerated appeals.