Bernard Kipngeno Ngetich v. State

Summary

The Texas Court of Appeals for the Fifth District reinstated Bernard Kipngeno Ngetich's criminal appeal. The court adopted findings concerning appointed counsel's delay in filing the appellant's brief, ordered counsel to file the brief by May 1, 2013, and warned that failure to meet the deadline would result in removal and appointment of new counsel.

Holdings

1. The court reinstated the appeal and adopted the trial court's findings that appellant wished to pursue the appeal, was indigent, was represented by appointed counsel, and that counsel requested additional time to file the overdue brief.

Questions Presented

1. Whether the appeal should be reinstated after the trial court made findings regarding the overdue filing of appellant's brief.
2. What deadline and consequences should govern appointed counsel's filing of appellant's brief.

Disposition

other