Narrative Opinion Summary
In the case of Brendan Potter versus the State of Texas, the Court of Appeals for the Fifth District of Texas addressed an appeal originating from the 366th Judicial District Court in Collin County. The appellant, Brendan Potter, sought access to the appellate record to prepare a response. On August 4, 2022, the court granted his motion, filed on August 2, 2022, mandating his appellate counsel, Hugh Alexander Fuller, to deliver paper copies of the clerk’s and reporter’s records to Potter. Counsel is required to verify in writing within fifteen days that the records have been sent. The court set a deadline for Potter's pro se response by October 7, 2022. The order also instructed the Clerk to distribute copies of the order to relevant parties, including the presiding judge, the Collin County District Attorney’s Office, and Potter himself, who is incarcerated at the John Middleton Unit. Justice Bill Pedersen, III signed the order, ensuring that procedural requirements were clearly communicated and adhered to by all parties involved.
Legal Issues Addressed
Access to Appellate Recordssubscribe to see similar legal issues
Application: The court granted the appellant's motion for access to the appellate record, ensuring he can adequately prepare his pro se response.
Reasoning: The court granted Potter's motion, filed on August 2, 2022, for access to the appellate record.
Duty of Appellate Counselsubscribe to see similar legal issues
Application: Appellate counsel is required to provide the appellant with paper copies of the necessary records and must confirm compliance with the court.
Reasoning: Appellate counsel, Hugh Alexander Fuller, is ordered to provide Potter with paper copies of the clerk’s and reporter’s records. Fuller must also submit written verification to the court within fifteen days confirming that the records have been sent to Potter.
Notification and Distribution of Court Orderssubscribe to see similar legal issues
Application: The court orders the distribution of its decision to pertinent parties, ensuring all involved are informed of the proceedings.
Reasoning: The Clerk is instructed to distribute copies of this order to the presiding judge, appellate counsel, the Collin County District Attorney’s Office, and to send a copy by first-class mail to Brendan Potter at the John Middleton Unit in Abilene, Texas.
Pro Se Response Deadlinesubscribe to see similar legal issues
Application: The appellant is given a deadline to submit a pro se response following receipt of the appellate records.
Reasoning: Additionally, Potter's pro se response is due by October 7, 2022.