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Nishal Keshav Rajsakha v. State

Citation: Not availableDocket: 05-16-00489-CR

Court: Court of Appeals of Texas; September 27, 2016; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The appeal of Nishal Keshav Rajsankha against the State of Texas has been reinstated by the Court of Appeals for the Fifth District of Texas. On August 11, 2016, the court had previously ordered the trial court to provide findings regarding the delay in filing the reporter’s record. However, since the reporter’s record was received on September 23, 2016, the need for those findings has been deemed unnecessary. Consequently, the court has vacated the August 11 order and officially ordered the reporter’s record to be filed as of the date of this order.

Legal Issues Addressed

Necessity of Trial Court Findings

Application: The court initially required findings from the trial court regarding the delay in filing the reporter’s record, but deemed them unnecessary once the record was filed.

Reasoning: On August 11, 2016, the court had previously ordered the trial court to provide findings regarding the delay in filing the reporter’s record. However, since the reporter’s record was received on September 23, 2016, the need for those findings has been deemed unnecessary.

Reinstatement of Appeal

Application: The appeal was reinstated after compliance with the procedural requirements for filing the reporter's record.

Reasoning: The appeal of Nishal Keshav Rajsankha against the State of Texas has been reinstated by the Court of Appeals for the Fifth District of Texas.

Vacating of Prior Court Orders

Application: The court vacated its prior order that required findings from the trial court due to the subsequent filing of the reporter's record.

Reasoning: Consequently, the court has vacated the August 11 order and officially ordered the reporter’s record to be filed as of the date of this order.