Narrative Opinion Summary
Efren Moreno's appeal against the State of Texas has been permanently abated following his death on August 1, 2022, while in custody of the Texas Department of Criminal Justice. The appellant's attorney informed the Fourth Court of Appeals of this development on August 30, 2022. According to established legal precedent, the death of an appellant during the appeal process strips the court of jurisdiction over the case, as outlined in Molitor v. State and Marez v. State. Since the appeal was initiated prior to Moreno's death and no mandate had been issued, the court determined that the proper course of action is to permanently abate the appeal in accordance with Texas Rules of Appellate Procedure.
Legal Issues Addressed
Abatement of Appeal Due to Appellant's Deathsubscribe to see similar legal issues
Application: When an appellant dies during the pendency of the appeal and before a mandate is issued, the appeal is permanently abated.
Reasoning: Since the appeal was initiated prior to Moreno's death and no mandate had been issued, the court determined that the proper course of action is to permanently abate the appeal in accordance with Texas Rules of Appellate Procedure.
Effect of Appellant's Death on Appealsubscribe to see similar legal issues
Application: The death of an appellant during the appeal process results in the court losing jurisdiction over the case.
Reasoning: According to established legal precedent, the death of an appellant during the appeal process strips the court of jurisdiction over the case, as outlined in Molitor v. State and Marez v. State.