Ex parte Rajat Kumar v. the State of Texas

No. 02-26-00091-CR · Court of Appeals for the Second Appellate District of Texas at Fort Worth · June 4, 2026 · No. No. 02-26-00091-CR

Summary

The Texas Second Court of Appeals dismissed the appeal for lack of jurisdiction because the trial court had not signed a written order on the appellant’s habeas application. The court held that a certificate of proceedings was not an appealable order and that the appellant failed to respond to the court’s jurisdictional concerns.

Holdings

  1. The court of appeals lacked jurisdiction because the trial court had not signed an appealable written order on the habeas application.
  2. A certificate of proceedings is not an appealable order and cannot supply appellate jurisdiction.

Questions Presented

  1. Whether the court of appeals had jurisdiction over an appeal from a habeas proceeding when the trial court had not signed a written order.
  2. Whether a certificate of proceedings could be treated as an appealable order.

Disposition

dismissed

Cases Cited (4)

  • State v. Wachtendorf, 475 S.W.3d 895, 904 (Tex. Crim. App. 2015)(followed)
  • Ex parte Wiley, 949 S.W.2d 3, 4 (Tex. App.—Fort Worth Dec. 5, 1996, no pet.)(followed)
  • Ex parte Salim, Nos. 02-19-00009-CR, 02-19-00010-CR, 2019 WL 490516, at *1 (Tex. App.—Fort Worth Feb. 7, 2019, no pet.) (mem. op., not designated for publication)(followed)
  • Shields v. State, Nos. 02-21-00022-CR, 02-21-00023-CR, 02-21-00024-CR, 02-21-00025-CR, 02-21-00026-CR, 02-21-00027-CR, 02-21-00043-CR, 2021 WL 2460858, at *1 (Tex. App.—Fort Worth June 17, 2021, no pet.) (mem. op., not designated for publication)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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