Narrative Opinion Summary
In the appellate case No. 05-22-00600-CR before the Court of Appeals for the Fifth District of Texas, involving appellant Phillip Michael Carter and appellee The State of Texas, the court addressed an issue with the overdue filing of the reporter's record. The appellate record was initially due on July 23, 2022. Following a notification to court reporter Janet L. Dugger on July 27, 2022, the record remained unfiled as of October 24, 2022, except for a brief hearing record dated September 1, 2022. The court, noting the absence of indigency status for the appellant, ordered Ms. Dugger to file the necessary record or provide verification concerning the record's status by November 21, 2022. The court warned that non-compliance could lead to the case being abated to the trial court for a status hearing on the record. The directive was to be communicated to the presiding judge, the court reporter, and all parties' counsel, underscoring the court's procedural oversight in maintaining the appeal's progression. Justice Lana Myers signed the order, emphasizing procedural adherence and accountability within the appellate process.
Legal Issues Addressed
Communication of Court Orderssubscribe to see similar legal issues
Application: The court ensured the order was communicated to all relevant parties, including the presiding judge, the official court reporter, and counsel for all parties.
Reasoning: The order is directed to be communicated to the presiding judge, the official court reporter, and counsel for all parties.
Consequences of Non-Compliance by Court Reportersubscribe to see similar legal issues
Application: The court outlined potential consequences for the court reporter's failure to comply with the filing directive, including the possibility of abating the case.
Reasoning: Failure to comply may result in the court abating the case to the trial court for a hearing on the reporter's record status.
Duty of Court Reporter to File Recordsubscribe to see similar legal issues
Application: The court reminded the court reporter of her obligation to file the overdue reporter's record, providing a deadline and requiring verification of the record's status.
Reasoning: On July 27, 2022, the court notified official court reporter Janet L. Dugger about the overdue reporter's record, instructing her to file it within thirty days or provide written verification of the status of the record.