Curtis Dewight Nelson v. State

Summary

The Texas Court of Appeals, Fifth District at Dallas reinstated Curtis Dewight Nelson's criminal appeal after an abatement hearing. The court removed appointed counsel Don Jarvis, Jr., appointed Jeremy Oney as new counsel, and ordered Nelson's appellate brief filed by September 20, 2019.

Holdings

1. The appeal should be reinstated because appellant wished to prosecute the appeal and had not abandoned it.
2. Prior appointed counsel was properly removed and new counsel appointed after counsel failed to respond to the trial court and did not file appellant's brief.

Questions Presented

1. Whether the appeal should be reinstated after a hearing established that appellant wished to prosecute it and had not abandoned it.
2. Whether prior appointed counsel should be removed and replacement counsel appointed because counsel failed to communicate with the trial court and failed to file appellant's brief.

Disposition

other