Narrative Opinion Summary
Appellant Stevie Dwayne Williams, Jr. faced issues with filing his brief in the Texas Court of Appeals, with an original due date of March 19, 2022, extended multiple times, ultimately due by July 5, 2022. Despite the extensions, the brief was not filed by the deadline. On July 1, 2022, the Court notified the appellant that failure to file by the due date would lead to referral to the trial court for a hearing as per Texas Rules of Appellate Procedure Rule 38.8(b). The appeal is now abated and remanded to the trial court to determine the appellant's desire to pursue the appeal and assess if counsel has abandoned it. The trial court is instructed to make written findings and recommendations and may appoint substitute counsel if needed. A transcribed hearing is mandated, with all records to be submitted to the Court by September 19, 2022. The order was issued on August 18, 2022, and is filed under the provisions of Texas law.
Legal Issues Addressed
Consequences of Failure to File Under Texas Rules of Appellate Procedure Rule 38.8(b)subscribe to see similar legal issues
Application: Failure to file the brief led to the case being abated and remanded to the trial court to ascertain appellant's intent and counsel's status.
Reasoning: On July 1, 2022, the Court notified the appellant that failure to file by the due date would lead to referral to the trial court for a hearing as per Texas Rules of Appellate Procedure Rule 38.8(b).
Extensions for Filing Briefs Under Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The appellant was granted multiple extensions to file his brief, which were not adhered to, leading to further judicial action.
Reasoning: Appellant Stevie Dwayne Williams, Jr. faced issues with filing his brief in the Texas Court of Appeals, with an original due date of March 19, 2022, extended multiple times, ultimately due by July 5, 2022. Despite the extensions, the brief was not filed by the deadline.
Procedures for Abatement and Remandsubscribe to see similar legal issues
Application: The trial court must conduct a hearing to determine the appellant's desire to pursue the appeal and whether the counsel has abandoned the case, with the possibility of appointing substitute counsel.
Reasoning: The appeal is now abated and remanded to the trial court to determine the appellant's desire to pursue the appeal and assess if counsel has abandoned it. The trial court is instructed to make written findings and recommendations and may appoint substitute counsel if needed.
Requirement for Transcribed Hearing and Submission of Recordssubscribe to see similar legal issues
Application: A transcribed hearing is required, and all records must be submitted to the appellate court by a specified deadline.
Reasoning: A transcribed hearing is mandated, with all records to be submitted to the Court by September 19, 2022.