Summary
The Fifth District Court of Appeals of Texas granted the appellant’s motion concerning missing exhibits and held the briefing schedule in abeyance. The court ordered the court reporter to file copies of State’s Exhibit 76 and defense Exhibits 2 and 4 within fifteen days, after which the appellant’s brief would be due thirty days later.
Topics
Practice areas
Questions Presented
- Whether the appellate court should grant the appellant's motion concerning missing exhibits and hold the briefing schedule in abeyance.
- What relief should be ordered to complete the appellate record when the court reporter has not filed exhibits admitted into evidence.
Holdings
- The appellate court granted the appellant's motion, ordered the court reporter to file true and correct copies of State's Exhibit 76 and defense Exhibits 2 and 4 within fifteen days, and made the appellant's brief due thirty days after the missing exhibits are filed.
Key quotations
“Appellant’s brief shall be due thirty days after Jones files the missing exhibits.”
Factual background
The reporter's record in the criminal appeal did not include DVD recordings admitted into evidence as State's Exhibit 76 and defense Exhibits 2 and 4. The appellate court had previously directed court reporter Karren K. Jones to file true and correct copies of those exhibits, but she had not complied by the time of this order.
Procedural history
The reporter's record was filed on October 20, 2017, but omitted DVD recordings admitted as State's Exhibit 76 and defense Exhibits 2 and 4. After the appellate court ordered the court reporter to file the missing exhibits, the court reporter neither complied nor explained the inability to comply. The appellate court granted the appellant's motion, ordered the exhibits filed within fifteen days, and postponed the appellant's briefing deadline until thirty days after filing.
Remand instructions
Court reporter Karren K. Jones was ordered to file true and correct copies of State's Exhibit 76 and defense Exhibits 2 and 4 within fifteen days. The appellant's brief was ordered due thirty days after the exhibits were filed. The court stated that it might use additional remedies, including ordering Jones not to sit until the complete record was filed, if she failed to comply.