Gabrielle Regina Jackson v. State

Summary

The Texas Court of Appeals for the Fifth District ordered the trial court to conduct a hearing concerning the absence of the appellant’s brief in eight consolidated criminal appeals. The appeals were abated for thirty days or until the trial court transmitted findings and recommendations regarding the appellant’s desire to pursue the appeals, indigency, and possible counsel abandonment.

Holdings

1. The trial court must conduct a hearing and make findings and recommendations regarding why appellant's brief has not been filed, whether appellant desires to prosecute the appeals, whether appellant is indigent, and, if not indigent, whether retained counsel has abandoned the appeals.
2. If appellant is indigent, the trial court must take measures necessary to assure effective representation, which may include appointing new counsel.

Questions Presented

1. What procedure should be followed when an appellant's brief has not been filed and the appellate court must determine whether the appellant wishes to prosecute the appeal and whether counsel has abandoned the representation?
2. What measures are required if the appellant is indigent, including whether new counsel should be appointed?

Disposition

remanded