Summary
The Texas Court of Appeals, Fifth District at Dallas, grants Xavior Devon Collier’s motion for an extension of time to file a pro se response to counsel’s Anders brief. The court extends the deadline to May 1, 2020 and directs appellate counsel to investigate and address Collier’s allegation that the clerk’s record is incomplete.
Topics
Practice areas
Questions Presented
- Whether to grant appellant's first motion for an extension of time to file his pro se response to counsel's Anders brief.
- What action should be taken in response to appellant's allegation that the clerk's record was incomplete.
Holdings
- The court granted appellant's motion and extended the deadline for filing his pro se response to May 1, 2020.
- The court ordered appointed counsel to communicate with appellant, determine whether he had received a complete clerk's record in cause number 05-19-01319-CR, provide any omitted portions, and file a letter within twenty-one days describing the investigation and any resolution.
Key quotations
“Because the due date the Court has established extends beyond the due date appellant has requested and because of the difficulties in timely communication with appellant as an incarcerated inmate, we GRANT appellant’s motion and extend the time to file his pro se response to May 1, 2020.” (Order at 1)
Factual background
Appellant was incarcerated and received notice of counsel's Anders brief on February 16, 2020. He requested thirty additional days to prepare a pro se response and alleged, without detail, that the clerk's record in cause number 05-19-01319-CR was incomplete. The court also considered the difficulty of timely communication with an incarcerated appellant.
Procedural history
Collier appealed from cases in the Criminal District Court No. 6 of Dallas County. Following counsel's filing of an Anders brief, Collier sought additional time to file a pro se response and raised a concern about omissions from the clerk's record. The Court of Appeals granted the extension and directed appellate counsel to investigate and address the record complaint.