Narrative Opinion Summary
In the appellate case involving an appeal by Vicente Saldana against the State of Texas, the Fourth Court of Appeals in San Antonio addressed the issue of delayed filing of the appellate record. Initially due on March 17, 2015, the reporter's record had not been filed, prompting the court to notify court reporter Steve Turner of his obligation to file by April 22, 2015. With no response received, the court issued an order on April 30, 2015, mandating Turner to submit the record by May 15, 2015, noting this was 59 days past the original deadline. The court indicated further extensions would only be considered upon a demonstration of extraordinary circumstances, efforts towards completion, and assurance of timely filing. The order stressed the joint responsibility of trial and appellate courts for timely record filing and warned of potential contempt proceedings against Turner for non-compliance. The decision was formally recorded by Justice Luz Elena D. Chapa and Clerk of Court, Keith E. Hottle, with a directive that a copy be served to the trial court.
Legal Issues Addressed
Consequences of Failing to File Recordssubscribe to see similar legal issues
Application: The court outlined the potential for contempt proceedings against the court reporter if the appellate record was not filed by the extended deadline.
Reasoning: The court warned that failure to comply may result in Turner being held in contempt.
Grounds for Granting Extensionssubscribe to see similar legal issues
Application: The court provided that further extensions for filing the appellate record would require a timely motion demonstrating extraordinary circumstances and a plan for timely completion.
Reasoning: Further extensions will only be granted if Turner submits a timely motion demonstrating extraordinary circumstances preventing compliance, outlines efforts made towards completing the record, and assures the court of timely completion.
Responsibility for Filing Appellate Recordssubscribe to see similar legal issues
Application: The court emphasized the shared responsibility between trial and appellate courts for ensuring the timely filing of appellate records.
Reasoning: The trial and appellate courts share the responsibility for the timely filing of appellate records.