Devoris Antoine Newson v. The State of Texas

Summary

The Eighth District Court of Appeals of Texas dismissed Devoris Antoine Newson’s attempted appeal for want of jurisdiction. The court held that no appealable written order denying his pretrial habeas application appeared in the record, the habeas proceeding was moot because the underlying criminal case had been dismissed, and a defendant may not appeal the dismissal of a criminal charge.

Holdings

1. A written trial-court order is a prerequisite to invoking the court of appeals' jurisdiction in a habeas proceeding; an oral pronouncement on the record is not an appealable order.
2. A pretrial habeas application is moot when the underlying offense is dismissed and the applicant is released from confinement on that charge.
3. A criminal defendant may not appeal a trial court's order dismissing a charge against the defendant.

Questions Presented

1. Whether the court of appeals had jurisdiction over an attempted appeal from the trial court's oral denial of a pretrial habeas application when no written order had been signed.
2. Whether the pretrial habeas application became moot after the underlying criminal charge was dismissed and Newson was released from confinement.
3. Whether the notice of appeal could be construed as an appeal from the dismissal of the underlying criminal charge.

Disposition

dismissed