Deric Eugene Madison v. State

Summary

The Texas Court of Appeals, Fifth District at Dallas denied a court reporter's request for an extension to file the reporter's record. The court abated the appeal and ordered the trial court to make findings concerning the appellant's desire to prosecute, indigence, representation, the responsible court reporter, and the expected filing date of the reporter's record.

Holdings

1. When the reporter's record has not been filed, the trial court must determine whether appellant desires to prosecute the appeal; if so, whether appellant is indigent and entitled to proceed without paying costs for the reporter's record; whether effective representation requires action such as appointment of new counsel; whether retained counsel has abandoned the appeal if appellant is not indigent; and the reasons and anticipated filing date for the reporter's record.
2. The appeal is abated to allow the trial court to comply with the appellate court's fact-finding order, and the trial court must transmit the findings, supporting documentation, and orders within thirty days.

Questions Presented

1. What findings must the trial court make when the reporter's record has not been filed and the appellant may have been deprived of the record because of ineffective counsel, indigence, or another reason?
2. Whether the appeal should be abated to permit the trial court to determine appellant's desire to prosecute the appeal, indigence and entitlement to a reporter's record without payment, possible abandonment by retained counsel, and the status of the court reporter's record.

Disposition

other