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Michael Kelley v. State

Citation: Not availableDocket: 05-13-00023-CR

Court: Court of Appeals of Texas; August 2, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Fifth District of Texas issued an order on August 2, 2013, in case number 05-13-00023-CR involving appellant Michael Carl Kelley and appellee The State of Texas. The court granted Celia M. Sams' motion, dated April 15, 2013, to withdraw as appointed counsel for the appellant. The order instructs the Clerk of the Court to officially remove Sams from the record as counsel for Kelley. Additionally, the Clerk is directed to send copies of this order and all future correspondence to Michael Carl Kelley at the designated address in the Clemens Unit, Brazoria, Texas. The order is signed by Justice Michael J. O'Neill.

Legal Issues Addressed

Clerk's Duty upon Counsel Withdrawal

Application: Upon granting the counsel’s withdrawal, the court directs the Clerk to update court records and ensure the appellant receives all future correspondence.

Reasoning: The order instructs the Clerk of the Court to officially remove Sams from the record as counsel for Kelley.

Notice to Appellant

Application: The court mandates that the appellant, Michael Carl Kelley, receives copies of the withdrawal order and all subsequent communications.

Reasoning: Additionally, the Clerk is directed to send copies of this order and all future correspondence to Michael Carl Kelley at the designated address in the Clemens Unit, Brazoria, Texas.

Withdrawal of Appointed Counsel

Application: The court permits the withdrawal of appointed counsel for the appellant, Michael Carl Kelley, following a motion by Celia M. Sams.

Reasoning: The court granted Celia M. Sams' motion, dated April 15, 2013, to withdraw as appointed counsel for the appellant.