Michael Ardis v. the State of Texas

Summary

The Fifth District Court of Appeals at Dallas ordered the trial court to conduct a hearing concerning the appellant’s failure to file an appellate brief. The appeal was abated pending findings and recommendations regarding whether the appellant wished to prosecute the appeal or whether counsel had abandoned it, with measures for effective representation if necessary.

Holdings

1. When an appellant's brief has not been filed and the circumstances do not establish whether the appellant desires to prosecute the appeal, has abandoned the appeal, or has been abandoned by appointed counsel, the trial court must conduct a hearing, make appropriate findings and recommendations, and transmit the resulting record to the appellate court.
2. If appellant is indigent, the trial court must take measures necessary to assure effective representation, which may include appointment of new counsel.

Questions Presented

1. What procedure should the appellate court follow when an appellant's brief is not filed and the record does not establish whether the appellant or appointed counsel has abandoned the appeal?
2. What measures are required if the appellant is indigent and effective appellate representation may be at issue?

Disposition

abated