Summary
This document is a notice of incomplete records filed by Eric Lynn Baumgart in the Texas Court of Criminal Appeals in connection with four related criminal appeals. It identifies missing transcripts, indictments, motions, and other records, alleges that some trial-court records were purged, and asserts resulting due-process concerns. The appellant requests abatement for examination and reconstruction of the record, the opportunity to resubmit an appellate brief, and other appropriate relief.
Topics
Practice areas
Questions Presented
- Whether the appellate proceedings should be abated so the completeness and accuracy of the trial records could be examined and reconstructed.
- Whether an incomplete appellate record allegedly deprived Baumgart of due process and required an opportunity to submit a new appellate brief.
Factual background
Baumgart's criminal cases involved five separate charges that were consolidated into one trial. He alleged that portions of the clerk's and reporter's records were missing, including transcripts of pretrial and probable-cause proceedings, indictments, new-trial materials, and a capias. He further alleged that records associated with one acquittal case had been purged or were unavailable through the Harris County District Clerk's online system.
Procedural history
Five criminal charges were consolidated for trial in Harris County. Baumgart was acquitted in one case and pursued discretionary review in four others, which were appeals from the Fourteenth Court of Appeals under cause numbers 14-14-00307-CR through 14-14-00310-CR. The document is an appellant's notice filed in the Court of Criminal Appeals; it does not state a judicial ruling or disposition.