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
- The court of appeals lacked jurisdiction because the trial court had not signed an appealable written order on the habeas application.
- A certificate of proceedings is not an appealable order and cannot supply appellate jurisdiction.
Questions Presented
- Whether the court of appeals had jurisdiction over an appeal from a habeas proceeding when the trial court had not signed a written order.
- 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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