Aaron Howard Kloepfer v. State

Summary

The Texas Court of Appeals ordered the trial court to conduct a hearing concerning the failure to file the appellant’s brief. The trial court was directed to determine whether the appellant wished to prosecute the appeal, was indigent, or had been abandoned by retained counsel, and the appeal was abated pending the required findings and recommendations.

Holdings

1. When appellant's brief has not been filed, the trial court must conduct a hearing to determine why the brief has not been filed, whether appellant desires to prosecute the appeal, whether appellant is indigent, and, if appellant is not indigent, whether retained counsel has abandoned the appeal.
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 the appellate court require when an appellant's brief has not been filed?
2. What steps are required to protect an indigent appellant's right to effective representation when the failure to file a brief may reflect abandonment by counsel?

Disposition

other