Jeremy Dwayne Parker v. The State of Texas

Summary

The Texas Court of Appeals, Third District, abated the appeal and remanded the case to the trial court to resolve a dispute concerning a corrupted or incomplete recording admitted as State’s Exhibit 4. The trial court was directed to proceed under Texas Rule of Appellate Procedure 34.6 and make findings or provide necessary record supplements within 30 days.

Holdings

1. When the parties cannot agree whether or how to correct an exhibit in the reporter's record, the appellate court must submit the dispute to the trial court for resolution under Texas Rule of Appellate Procedure 34.6(e)(3); the appeal was therefore abated and remanded.

Questions Presented

1. Whether the appeal should be abated and the dispute over the accuracy and accessibility of State's Exhibit 4 submitted to the trial court under Texas Rule of Appellate Procedure 34.6.
2. What procedures the trial court must follow if the exhibit is inaccurate, lost or destroyed, or must be inspected or transmitted in its original form.

Disposition

remanded