Narrative Opinion Summary
In the appellate proceeding before the 14th Court of Appeals in Houston, Texas, the primary issue concerns the timely filing of the reporter’s record as mandated by Texas Rule of Appellate Procedure 35. The case involves an appeal from a lower court, identified by appellate case number 14-15-00018-CR, where multiple court reporters, including Cheryl Pierce from the 208th District Court, are tasked with compiling the record. The appellant has made necessary financial arrangements for the record's preparation. However, court reporter Phyllis Thibodeaux has filed for her first extension, citing her inability to meet the original deadline of February 17, 2015. She seeks an extension until March 17, 2015, to complete the approximately 75-page document. The rules permit two potential extensions for good cause, with specified time limits depending on whether the appeal is regular or accelerated. This request aligns with procedural guidelines, demonstrating compliance with the appellate procedural framework. The document also includes all relevant contact information for further communications.
Legal Issues Addressed
Extension of Time for Filing Reporter’s Recordsubscribe to see similar legal issues
Application: The court permits up to two extensions for filing the reporter’s record, with specific time limitations for regular and accelerated appeals.
Reasoning: The court allows up to two extensions for good cause shown. Each extension may not exceed 30 days in regular appeals or 10 days in accelerated appeals, with total possible extensions capped at 60 days for regular appeals and 20 days for accelerated appeals.
Filing Requirement under Texas Rule of Appellate Procedure 35subscribe to see similar legal issues
Application: The rule mandates that the reporter’s record must be filed by the original due date, or the court reporter must notify the Clerk of the Court of Appeals in writing if the deadline cannot be met.
Reasoning: The reporter’s record must be filed by the original due date as per Texas Rule of Appellate Procedure 35. If the due date cannot be met, the court reporter must notify the Clerk of the Court of Appeals immediately in writing, providing reasons and a new expected filing date.
Procedural Compliance for Extension Requestssubscribe to see similar legal issues
Application: The court reporter has submitted a request for an extension, providing a reason for the delay and a new expected filing date within the permissible extension period.
Reasoning: The court reporter, Phyllis Thibodeaux, indicates that she was unable to file the record by the due date of February 17, 2015, and expects the record to consist of approximately 75 pages covering one day of testimony. She requests an extension until March 17, 2015, marking this as the first extension request in the case.