You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Monisha Monique Johnson v. State

Citation: Not availableDocket: 04-18-00903-CR

Court: Court of Appeals of Texas; November 28, 2018; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Monisha Monique Johnson, the appellant, is involved in an appeal against the State of Texas, following a plea-bargain case from the 399th Judicial District Court in Bexar County, presided over by Judge Frank J. Castro. The trial court has certified that Johnson has no right to appeal due to the nature of her case being a plea bargain. Consequently, the appellate court has ordered the trial court clerk to file an electronic clerk’s record within ten days, which must include essential documents such as pre-trial orders, court admonishments, plea-related documents, the judgment, post-judgment motions, the notice of appeal, the trial court’s certification regarding the right of appeal, and the criminal docket sheet. All other appellate deadlines are temporarily suspended until further notice from the court. The order has been communicated to the attorneys of record, the trial court clerk, and the court reporters responsible for the record.

Legal Issues Addressed

Court's Order for Clerk's Record in Appeals

Application: The appellate court has mandated the trial court clerk to file an electronic clerk’s record within ten days, including specific documents critical for the appeal process.

Reasoning: Consequently, the appellate court has ordered the trial court clerk to file an electronic clerk’s record within ten days, which must include essential documents such as pre-trial orders, court admonishments, plea-related documents, the judgment, post-judgment motions, the notice of appeal, the trial court’s certification regarding the right of appeal, and the criminal docket sheet.

Right to Appeal in Plea-Bargain Cases

Application: The appellant, Monisha Monique Johnson, is not entitled to appeal due to the nature of her case being a plea bargain, as certified by the trial court.

Reasoning: The trial court has certified that Johnson has no right to appeal due to the nature of her case being a plea bargain.

Suspension of Appellate Deadlines

Application: All appellate deadlines have been temporarily suspended until further notice from the court.

Reasoning: All other appellate deadlines are temporarily suspended until further notice from the court.