Narrative Opinion Summary
On August 2, 2017, the Court of Appeals for the Fifth District of Texas ordered the appeals of Mario Munguia-Zarate against the State of Texas to proceed without a reporter’s record due to the failure of retained counsel, Rosalind Kelly, to pay for or arrange payment for the reporter’s record. Despite being given an estimated cost and a deadline of June 26, 2017, to provide verification of payment arrangements, Ms. Kelly did not respond or communicate with the Court. Consequently, the Court directed that the appeals be submitted without the reporter's record and established a deadline for the appellant's brief to be submitted within thirty days of this order. The Clerk was instructed to send copies of the order to relevant parties, including the presiding judge and the court reporter.
Legal Issues Addressed
Court's Authority to Direct Appeal Proceduressubscribe to see similar legal issues
Application: The court has the authority to set deadlines and procedures for appeal submissions when the normal process is disrupted.
Reasoning: Consequently, the Court directed that the appeals be submitted without the reporter's record and established a deadline for the appellant's brief to be submitted within thirty days of this order.
Notification of Court Orderssubscribe to see similar legal issues
Application: The court ensures that relevant parties are informed of its orders by directing the Clerk to send copies to them.
Reasoning: The Clerk was instructed to send copies of the order to relevant parties, including the presiding judge and the court reporter.
Proceeding Without a Reporter’s Recordsubscribe to see similar legal issues
Application: The court decided to proceed with the appeals without the reporter’s record due to the counsel's failure to arrange payment for it.
Reasoning: On August 2, 2017, the Court of Appeals for the Fifth District of Texas ordered the appeals of Mario Munguia-Zarate against the State of Texas to proceed without a reporter’s record due to the failure of retained counsel, Rosalind Kelly, to pay for or arrange payment for the reporter’s record.
Responsibility of Counsel in Payment Arrangementssubscribe to see similar legal issues
Application: Counsel is responsible for arranging payment for the reporter's record, and failure to do so can result in proceedings continuing without it.
Reasoning: Despite being given an estimated cost and a deadline of June 26, 2017, to provide verification of payment arrangements, Ms. Kelly did not respond or communicate with the Court.