William Travis Hendrix v. State

Summary

The Fifth District Court of Appeals of Texas ordered the trial court to conduct a hearing concerning the appellant’s failure to file an appellate brief. The appeal was abated pending findings on whether the appellant wished to prosecute the appeal or had abandoned it, and on whether effective representation was required.

Holdings

1. When an appellant's brief has not been filed after notice and extensions, the appellate court may abate the appeal and order the trial court to conduct a hearing to determine the reason for the failure, whether the appellant desires to prosecute the appeal, and whether the appeal has been abandoned.
2. If the 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 follow when an appellant fails to file a brief after receiving notice and extensions of time?
2. Whether the trial court should determine whether the appellant wishes to prosecute the appeal or has abandoned it and whether effective representation is required if the appellant is indigent.

Disposition

other