Tyric Hardy v. The State of Texas

Summary

The Eighth District Court of Appeals ordered the trial court to conduct a hearing regarding whether Appellant Tyric Hardy wished to continue his appeal and whether he had been deprived of effective assistance of counsel. The order was issued because Hardy's appellate brief was overdue and neither a brief nor an extension motion had been filed.

Holdings

1. When the appellant's brief is overdue and no brief or motion for extension has been filed, the appellate court may order the trial court to conduct a hearing concerning continuation of the appeal and possible ineffective assistance of counsel.

Questions Presented

1. What action should the appellate court take when an appellant's brief is overdue and neither a brief nor a motion for extension has been filed?
2. Whether the trial court should determine if the appellant wishes to continue the appeal and whether he has been deprived of effective assistance of counsel.

Disposition

other