Matthew Janssen v. the State of Texas

Summary

The Seventh Court of Appeals of Texas dismissed Matthew Janssen’s pro se appeal from the denial of his application for writ of habeas corpus and motion for reasonable bail. The court suspended the signature requirement for a dismissal motion under Texas Rule of Appellate Procedure 2 because Janssen no longer wished to pursue the appeal.

Holdings

1. An appeal may be dismissed when the appellant informs the court that he no longer desires to prosecute it.
2. The court may invoke Texas Rule of Appellate Procedure 2 to suspend Rule 42.2(a)'s requirement that an appellant sign a motion to dismiss when the appellant has otherwise clearly expressed the desire to abandon the appeal.

Questions Presented

1. Whether the appeal should be dismissed after the appellant informed the court that he no longer wished to prosecute it.
2. Whether the court could suspend the signature requirement for a motion to dismiss under Texas Rule of Appellate Procedure 42.2(a) pursuant to Rule 2.

Disposition

dismissed