James Edward Rogers, Jr. v. State

Summary

The Court of Appeals for the Fifth District of Texas denied the appellant’s third motion to extend the deadline for filing his brief. The court abated the appeal and ordered the trial court to conduct a hearing regarding prosecution of the appeal, indigency, and representation, and to transmit findings and recommendations within thirty days.

Holdings

1. The court denied appellant's third motion to extend the time to file his brief.
2. The trial court was required to conduct a hearing and make findings and recommendations concerning whether appellant desired to prosecute the appeal, whether he was indigent, and whether retained counsel had abandoned the appeal; if appellant was indigent, the court was required to take measures necessary to assure effective representation, potentially including appointment of new counsel.

Questions Presented

1. Whether the appellate court should grant appellant's third motion to extend the time to file his brief.
2. What procedures were required under Texas Rule of Appellate Procedure 38.8(b) when appellant's brief had not been filed and representation or appellant's desire to prosecute the appeal was uncertain.

Disposition

other