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A RULES, PROCEDURES AND INSTRUCTIONS I nstru ppeals c tions CHAPTER CONTENTS R ules
, CCA INTERNAL OPERATING PROCEDURES...... 3 CCA CHECKLIST ...... 5 CCA ORAL ARGUMENT INSTRUCTION SHEET...... 6 CCA APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF UNDER ARTICLE 11.07...... 8 APPENDIX: CHART REGARDING LEGAL AND FACTUAL SUFFICIENCY – MATLOCK V. STATE, 392 S.W.3D 662 (TEX. CRIM. APP. 2013)...... 23 CCA RULES FOR ELECTRONIC FILING...... 24 CCA INTERNAL OPERATING PROCEDURES 2017...... 34 NEW TECHNOLOGY STANDARDS...... 36 APPENDICES TO TEXAS RULES OF APPELLATE PROCEDURE...... 71
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Court of Criminal Appeals State of Texas Supreme Court Building 201 W. 14th Street, Room 106 Austin, TX 78701 (512) 463-1551
In 2004, the Appellate Section of the State Bar of Texas and the Court of Criminal Appeals worked together to identify key information needed by appellate attorneys and pro se litigants to practice effectively before the court. To assist the court in this effort, the Appellate Section collected and formatted the relevant information and published it originally in the Appellate Advocate in February 2005.
Internal Operating Procedures – Court of Criminal Appeals (Revised February 10, 2015)
Court Information 1. Address: Court of Criminal Appeals, P.O. Box 12308, Austin, TX 78711 (U.S. Mail) or 201 W. 14th St., Supreme Court Bldg, Room 106, Austin, TX 78701(Commercial Carrier, ie: Fed Ex, UPS, etc.) 2. Telephone numbers: Phone: (512) 463-1551; Fax: (512) 463-7061 3. Website address: http://www.txcourts.gov/cca 4. Judges: Presiding Judge Sharon Keller, Serving Judges Lawrence E. Meyers, Cheryl Johnson, Michael Keasler, Barbara Hervey, Elsa Alcala, Bert Richardson, Kevin P. Yeary, and David Newell 5. Clerk of the Court: Abel Acosta 6. Local Rules: Misc. Docket Number 13-004 - Order Requiring Copies Pursuant to Texas Rules of Appellate Procedure 9.3(b)(2)
FILINGS
PROCEDURE WHAT AND HOW TO HOW HANDLED COURT'S PARTICULAR SPECIAL NOTES FILE PRACTICES Electronic Attorneys are required to file documents electronically through http://www.efiletexas.gov/ Filing **original = electronically filed version** see information on E-Filing TRAP 9.2(c) Motions Motion for Extension First motions for extension of time TRAP of time - Original only are routinely granted. Motions for 38.6 (b) Original plus 10 extension of time must comply 68.2(c) copies of all other with TRAP 10.5(b) and 68.2(c). motions
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lossary ro G P ourt PROCEDURE WHAT AND HOW TO HOW HANDLED COURT'S PARTICULAR SPECIAL NOTES C FILE PRACTICES Briefs Original – File Briefs must comply with TRAP Electronically TRAP 38 and 71.3 70 Mail 10 paper copies Amendment and 71.3 supplementation is allowed only with leave of Court.
PDR Original – File TRAP 68 Electronically Record will be Mail 10 paper copies forwarded by the COA Oral Argument n/a The Court will designate whether The total maximum time Additional a case requires oral argument. for oral argument is 20 citations should Notification of such designation minutes per side. If a not be made shall be sent to counsel along motion for rehearing is orally during with notification of submission. If granted and the cause argument, but counsel desires oral argument re-submitted, oral should be and the Court has not so argument is limited to reduced to designated the case, counsel may 15 minutes per side writing and filed petition the Court within 30 days with the Clerk. of the submission notification. Opinions Opinions and Orders are released Wednesday mornings at 9:00 a.m. Motions for Original – file TRAP Rehearing electronically – Mail 79 10 paper copies Extraordinary Original – file TRAP Matters electronically (you will 72.1 be advised if copies are needed).
Technology 1. Westlaw and Lexis are both available to the Court. 2. The Court does not accept fax filings. 3. The orders and opinions of the Court are posted to the web and can be searched at this URL: http://www.search.txcourts.gov/CaseSearch.aspx?coa=coscca&s=c 4. The Court makes audio recordings of oral arguments available on CD-Rom for $5.
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R COURT OF CRIMINAL APPEALS ules District Clerk Electronic Filing Procedures , (Effective November 1, 2017)
We are no longer requiring paper copies for records filed electronically, excluding those filed in death penalty cases. All records pertaining to a death penalty case will be required to be sent in paper form. This includes direct appeals, Article 11.071 writs, DNA appeals, etc.
x Please use the following name format:
LastName_FirstName_TrialCourtCounty_TrialCourtCase#_CR.pdf or LastName_FirstName_TrialCourtCounty_TrialCourtCase#_SuppCR.pdf
x If the record contains multiple volumes, the record must be transmitted in a one file PDF and bookmarked accordingly. Each volume must adhere to the 500 page rule [Appendix C 1.3(b)]
x If the file size exceeds 100 MB, the record must be divided and transmitted separately.
x If the record is divided please add Part 1 of 2, Part 2 of 2, etc.:
LastName_FirstName_TrialCourtCounty_TrialCourtCase#_CR_Part 1 of 2.pdf
x The record must be in PDF text searchable format and properly indexed and bookmarked accordingly. [Appendix C 1.2(a) and (b)]
x Records received that are not in the proper format will be rejected.
x Original exhibits, video or audio files should be transmitted only at the request of this Court or by order of the trial court.
x 11.07 Writs of Habeas Corpus, please prepare the Clerk’s Record in the following order [see T.R.A.P. Appendix C] for all records, both electronic and paper records:
1) Cover page – the cover page must have “ELECTRONIC RECORD” at the top of the page and should be page 1 [T.R.A.P. Appendix C 1.1(e)] 2) Writ Summary Sheet [T.R.A.P. Appendix F] 3) Table of Contents 4) Indictment 5) Judgment 6) Plea Papers (if any) 7) Application for writ of habeas corpus 8) Attachment/appendix/memorandum/exhibit, etc. to the application 9) State’s Response (if any) 10) Trial Court’s Findings (if any) 11) Affidavits ordered by the trial court in response to the writ 12) Other Items listed in T.R.A.P. Rule 73.4(4) 13) All other documents filed in association with the writ can be added chronologically by filed date
x 11.07 Writs of Habeas Corpus Supplemental Clerk’s Records must include a cover page, appendix, and otherwise prepared in accordance with the rules.
For additional information, please see Texas Rules of Appellate Procedure 34, 35, 73 and Appendix C
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Court of Criminal Appeals
To All Attorneys Arguing Before the Texas Court of Criminal Appeals
A growing number of attorneys now practicing before the Court are new to its practice and therefore unaware of its procedures. We have, from time to time, reminded the bar about the particulars of arguing before this Court. The following are a few suggestions:
1. Obtain a copy of the Submission List from the Clerk’s Office. This will give you some idea as to when to expect to argue.
2. If you wish to divide the time allotted for argument, make these arrangements before the Court takes the bench. Such arrangements may be made with the timekeeper at the bailiff’s desk located at the front of the courtroom. Inform the Court of such arrangements at the outset of your argument.
Allocation of time is especially important for those cases which have been consolidated for argument as the sum total of time allotted to such arguments remains at twenty (20) minutes.
3. When your case is called by the Presiding Judge, move to the appropriate counsel table, appellant on the left and the State on the right, as you face the bench. Move to the podium when presentation of your portion of the case is called by the Presiding Judge. Please remind the Court of your name and the county from which the case arose.
4. Limit the presentation of your case to the legal issues involved and do not embark on a jury argument. Remain behind the podium at all times during the presentation of your case.
5. There are two lights on the podium: a yellow light and a red light. In all situations, unless you give the timekeeper instructions to the contrary regarding the division of time, when there is one (1) minute remaining in the time allotted for presentation of your case, the yellow light will come on and in most instances remain on throughout the minute. When time for presentation of your case has expired, the yellow light will be extinguished and the red light will come on. Please conclude your argument before the red light comes on. Do not continue arguing once the red light is on. You may remain to answer questions propounded by the Court. Once you have finished presenting your case and/or answering questions, vacate the podium area as quickly as possible.
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R 6. Please note that your presentation of the case is not the first exposure the Judges have ules had to the case. Please, in the course of presenting your case, include discussion of any new , cases not cited in your brief which might have an effect on your case. In addition, please submit a supplemental list of authorities containing any citations not presented in your brief to the Clerk prior to argument.
Copies of these instructions are available upon request from the Clerk’s Office, Room 106, Supreme Court Building or the Court’s website at www.cca.courts.state.tx.us.
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C APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07
INSTRUCTIONS
1. You must use the complete form, which begins on the following page, to file an application for a writ of habeas corpus seeking relief from a final felony conviction under Article 11.07 of the Code of Criminal Procedure. (This form is not for death- penalty cases, probated sentences which have not been revoked, or misdemeanors.)
2. The district clerk of the county in which you were convicted will make this form available to you, on request, without charge.
3. You must file the entire writ application form, including those sections that do not apply to you. If any pages are missing from the form, or if the questions have been renumbered or omitted, your entire application may be dismissed as non-compliant.
4. You must make a separate application on a separate form for each judgment of conviction you seek relief from. Even if the judgments were entered in the same court on the same day, you must make a separate application for each one.
5. Answer every item that applies to you on the form. Do not attach any additional pages for any item.
6. You must include all grounds for relief on the application form as provided by the instructions under item 17. You must also briefly summarize the facts of your claim on the application form as provided by the instructions under item 17. Each ground shall begin on a new page, and the recitation of the facts supporting the ground shall be no longer than the two pages provided for the claim in the form.
7. Legal citations and arguments may be made in a separate memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not.
8. You must verify the application by signing either the Oath Before Notary Public or the Inmate’s Declaration, which are at the end of this form on pages 11 and 12. You may be prosecuted and convicted for aggravated perjury if you make any false statement of a material fact in this application.
9. When the application is fully completed, mail the original to the district clerk of the county of conviction. Keep a copy of the application for your records.
10. You must notify the district clerk of the county of conviction of any change in address after you have filed your application. 8 2021 Texas Criminal Codes & Rules
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Case No. ______ules
(The Clerk of the convicting court will fill this line in.) ,
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07
NAME:
DATE OF BIRTH:
PLACE OF CONFINEMENT:
TDCJ-CID NUMBER: SID NUMBER:
(1) This application concerns (check all that apply):
G a conviction G parole
G a sentence G mandatory supervision
G time credit G out-of-time appeal or petition for discretionary review
(2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.)
(3) What was the case number in the trial court?
(4) What was the name of the trial judge?
Effective: January 1, 2014 1
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lossary (5) Were you represented by counsel? If yes, provide the attorney's name: ro G P ourt C
(6) What was the date that the judgment was entered?
(7) For what offense were you convicted and what was the sentence?
(8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count?
(9) What was the plea you entered? (Check one.)
G guilty-open plea G guilty-plea bargain G not guilty G nolo contendere/no contest
If you entered different pleas to counts in a multi-count indictment, please explain:
(10) What kind of trial did you have?
G no jury G jury for guilt and punishment G jury for guilt, judge for punishment
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(11) Did you testify at trial? If yes, at what phase of the trial did you testify? ules ,
(12) Did you appeal from the judgment of conviction?
G yes G no
If you did appeal, answer the following questions:
(A) What court of appeals did you appeal to?
(B) What was the case number?
(C) Were you represented by counsel on appeal? If yes, provide the attorney's name:
(D) What was the decision and the date of the decision?
(13) Did you file a petition for discretionary review in the Court of Criminal Appeals?
G yes G no
If you did file a petition for discretionary review, answer the following questions:
(A) What was the case number?
(B) What was the decision and the date of the decision?
(14) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging this conviction?
G yes G no
If you answered yes, answer the following questions:
(A) What was the Court of Criminal Appeals’ writ number?
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lossary ro G P ourt C (C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application.
(15) Do you currently have any petition or appeal pending in any other state or federal court?
G yes G no
If you answered yes, please provide the name of the court and the case number:
(16) If you are presenting a claim for time credit, have you exhausted your administrative remedies by presenting your claim to the time credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to any final felony conviction, including state jail felonies)
G yes G no
If you answered yes, answer the following questions:
(A) What date did you present the claim?
(B) Did you receive a decision and, if yes, what was the date of the decision?
If you answered no, please explain why you have not submitted your claim:
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(17) Beginning on page 6, state concisely every legal ground for your claim that you are being unlawfully restrained, and then briefly summarize the facts supporting each ground. You must present each ground on the form application and a brief summary of the facts. If your grounds and brief summary of the facts have not been presented on the form application, the Court will not consider your grounds. If you have more than four grounds, use pages 14 and 15 of the form, which you may copy as many times as needed to give you a separate page for each ground, with each ground numbered in sequence. The recitation of the facts supporting each ground must be no longer than the two pages provided for the ground in the form.
You may include with the form a memorandum of law if you want to present legal authorities, but the Court will not consider grounds for relief set out in a memorandum of law that were not raised on the form. The citations and argument must be in a memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not. If you are challenging the validity of your conviction, please include a summary of the facts pertaining to your offense and trial in your memorandum.
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FACTS SUPPORTING GROUND ONE:
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FACTS SUPPORTING GROUND TWO:
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lossary WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT ro G P ourt RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING. C
VERIFICATION
This application must be verified or it will be dismissed for non-compliance. For verification purposes, an applicant is a person filing the application on his or her own behalf. A petitioner is a person filing the application on behalf of an applicant, for example, an applicant’s attorney. An inmate is a person who is in custody.
The inmate applicant must sign either the “Oath Before a Notary Public” before a notary public or the “Inmate’s Declaration” without a notary public. If the inmate is represented by a licensed attorney, the attorney may sign the “Oath Before a Notary Public” as petitioner and then complete “Petitioner’s Information.” A non-inmate applicant must sign the “Oath Before a Notary Public” before a notary public unless he is represented by a licensed attorney, in which case the attorney may sign the verification as petitioner.
A non-inmate non-attorney petitioner must sign the “Oath Before a Notary Public” before a notary public and must also complete “Petitioner’s Information.” An inmate petitioner must sign either the “Oath Before a Notary Public” before a notary public or the “Inmate’s Declaration” without a notary public and must also complete the appropriate “Petitioner’s Information.”
OATH BEFORE A NOTARY PUBLIC
STATE OF TEXAS
COUNTY OF ______
______, being duly sworn, under oath says: “I am the applicant / petitioner (circle one) in this action and know the contents of the above application for a writ of habeas corpus and, according to my belief, the facts stated in the application are true.”
______Signature of Applicant / Petitioner (circle one)
SUBSCRIBED AND SWORN TO BEFORE ME THIS _____ DAY OF ______, 20_____.
______Signature of Notary Public
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PETITIONER’S INFORMATION ules , Petitioner’s printed name:______
State bar number, if applicable: ______
Address: ______
______
______
Telephone:______
Fax:______
INMATE’S DECLARATION
I, ______, am the applicant / petitioner (circle one) and
being presently incarcerated in ______, declare under penalty of
perjury that, according to my belief, the facts stated in the above application are true and correct.
Signed on ______, 20_____.
______Signature of Applicant / Petitioner (circle one)
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Address:
Telephone:
Fax:
Signed on ______, 20_____.
______Signature of Petitioner
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FACTS SUPPORTING GROUND ONE:
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FACTS SUPPORTING GROUND TWO:
WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING.
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APPENDIX: CHART REGARDING LEGAL AND FACTUAL SUFFICIENCY – , Matlock v. State, 392 S.W.3d 662 (Tex. Crim. App. 2013) APPENDIX
CLAIM BASIS PROOF REQ’D REMEDY Federal Constitution Viewing the evidence in the light SUFFICIENCY most favorable to the verdict to support whether any rational trier of fact Acquittal conviction could find the essential elements Jackson v. Virginia beyond a reasonable doubt. 2-step modifiedSterner test: no evidence; legally 1. Search for evidence supporting insufficient evidence as finding; ignoring contrary a matter of law evidence unless unreasonable to LEGAL do so. If more than a scintilla, SUFFICIENCY evidence is legally sufficient. If Acquittal to reject defendant’s not, affirmative defense Sterner v. Marathon Oil 2. Determine if evidence is so conclusive that the defendant’s claim was established as matter of law. finding against the 1. Set out all relevant evidence, great weight and viewing it in a neutral light, but preponderance of the deferring to the jury’s weight and FACTUAL evidence credibility choices. SUFFICIENCY (bias, manifestly unjust, 2. Explain precisely how the New Trial to reject defendant’s conscience-shocking) contrary evidence outweight. affirmative defense Pool v. Ford Motor Co. 3. Document why the verdict is so much against the great weight of the evidence.
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lossary ro G P ourt IN THE COURT OF CRIMINAL APPEALS OF TEXAS C
őőőőőőőőőőőőőőőőőőőő Misc. Docket No. 17-005 őőőőőőőőőőőőőőőőőőőő
őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő FINAL ORDER ADOPTING AMENDMENTS TO STATEWIDE RULES GOVERNING ELECTRONIC FILING IN CRIMINAL CASES őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő
ORDERED that:
1. On February 13 and 14, 2017, the Supreme Court of Texas (Misc. Docket No. 17-9017) and the Court of Criminal Appeals (Misc. Docket No. 17-002) adopted amendments to the statewide rules governing electronic filing in criminal cases and invited public comment. After receiving public comments, the Supreme Court and the Court of Criminal Appeals have made revisions to the rules. This order incorporates those revisions and contains the final version of the rules.
2. The attached Statewide Rules Governing Electronic Filing in Criminal Cases replace and supplant the Proposed Statewide Rules Governing Electronic Filing in Criminal Cases effective November 1, 2015 (Misc. Docket Nos. 15-004, 15-9205).
3. The rules are effective May 1, 2017.
4. The Clerk is directed to:
a. file a copy of this order with the Secretary of State;
b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this order to each elected member of the Legislature; and
d. submit a copy of the order for publication in the Texas Register.
Dated: April 24, 2017.
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lossary ro G P ourt IN THE SUPREME COURT OF TEXAS C ════════════════════ Misc. Docket No. 17-9039 ════════════════════
════════════════════════════════════════════════════ FINAL ORDER ADOPTING AMENDMENTS TO STATEWIDE RULES GOVERNING ELECTRONIC FILING IN CRIMINAL CASES ════════════════════════════════════════════════════
ORDERED that:
1. Pursuant to Tex. Const. Art. V, Sec. 31 and Sections 22.004, 22.108, 74.024, and 72.031 of the Texas Government Code, the Supreme Court of Texas, acting concurrently with the Court of Criminal Appeals, amends the Statewide Rules Governing Electronic Filing in Criminal Cases. On February 13 and 14, 2017, the Supreme Court of Texas (Misc. Docket No. 17-9017) and the Court of Criminal Appeals (Misc. Docket No. 17-002) adopted amendments to the statewide rules governing electronic filing in criminal cases and invited public comment. After receiving public comments, the Supreme Court and the Court of Criminal Appeals have made revisions to the rules. This order incorporates those revisions and contains the final version of the rules.
2. The attached Statewide Rules Governing Electronic Filing in Criminal Cases are intended to replace and supplant the Proposed Statewide Rules Governing Electronic Filing in Criminal Cases effective November 1, 2015 (Misc. Docket No. 15-9205, 17-9017).
3. The rules are effective May 1, 2017.
4. The Clerk is directed to:
a. file a copy of this order with the Secretary of State;
b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this order to each elected member of the Legislature; and
d. submit a copy of the order for publication in the Texas Register.
Dated: April 27, 2017.
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Nathan L. Hecht, Chief Justice
Paul W. Green, Justice
Phil Johnson, Justice
Don R. Willett, Justice
Eva M. Guzman, Justice
Debra H. Lehrmann, Justice
Jeffrey S. Boyd, Justice
John P. Devine, Justice
Jeffrey V. Brown, Justice
Misc. Docket No. 17-9039
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P STATEWIDE RULES GOVERNING ourt C ELECTRONIC FILING in CRIMINAL CASES
PART 1. GENERAL PROVISIONS
Rule 1.1 Scope These rules govern the electronic filing of documents with the clerk in criminal cases in appellate courts, district courts, statutory county courts, and constitutional county courts in those counties in which criminal case electronic filing has been implemented pursuant to Rule 1.2 of these rules. A justice court or municipal court may implement criminal case electronic filing. If a justice court or municipal court implements an electronic filing system, the system must comply with these rules.
Rule 1.2 Electronic Filing Clerks serving Texas appellate courts, district courts, statutory county courts, and constitutional county courts must implement criminal case electronic filing in compliance with the Court of Criminal Appeals’ Order Mandating Statewide Electronic Filing in Criminal Cases (Misc. Docket No. 16-003) entered June 30, 2016, and any subsequent orders entered by the Court of Criminal Appeals governing electronic filing. A clerk may implement criminal case electronic filing prior to the mandatory date set out in the Court of Criminal Appeals’ Order Mandating Statewide Electronic Filing in Criminal Cases. Once a court becomes subject to mandatory electronic filing, attorneys must electronically file all documents, pleadings, and materials filed in that court through the electronic filing portal provided or approved by the Office of Court Administration, except where these rules or other Texas law allow or mandate non-electronic (paper) filing. Attorneys must not file documents through any alternative electronic document filing transmission system, except in the event of an emergency or where these rules provide for the use of the alternative filing transmission system. Unrepresented parties may electronically file documents but it is not required.
Rule 1.3 Exceptions The following may not be electronically filed:
(1) documents filed under seal or presented to the court in camera; and (2) documents to which access is otherwise restricted by these rules, law, or court order.
Rule 1.4 Documents Containing Signatures
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R (a) A document that is electronically served, filed, or issued by a court or clerk is ules considered signed if the document includes: , (1) a “/s/” and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or (2) an electronic image or scanned image of the signature. (b) If a paper document must be notarized, sworn to, or made under oath, the filer may electronically file the paper document as a scanned image containing the necessary signature(s). (c) If a paper document requires the signature of an opposing party, the filer may electronically file the paper document as a scanned image containing the opposing party’s signature.
Rule 1.5. Courts Authorized to Make Electronic Orders A judge may electronically sign an order by applying his or her electronic signature to the order. Judges are not required to electronically sign orders.
Comment to Part 1: These rules do not apply to court reporters, charging instruments, exhibits filed in a hearing or trial, or documents, such as plea paperwork, filed directly with a judge, and do not mandate electronic filing of these items. These rules do not authorize a clerk to require electronic filing by persons not represented by an attorney. Clerks should maintain a process for filing paper submissions from such filers. These rules also do not affect whether electronically filed documents may be posted on the internet. Any posting of filed documents, pleadings, or materials to the internet must comply with Part 4 of these rules.
PART 2. FILING MECHANISM
Rule 2.1 Office of Court Administration established Electronic Filing Manager Electronic filing must be done through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Court Administration or through another electronic filing portal approved by the Office of Court Administration.
Rule 2.2 Format An electronically filed document must:
(1) be in text-searchable portable document format (PDF); (2) be directly converted to PDF rather than scanned, if possible;
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ourt (3) not be locked; and C (4) otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court and the Court of Criminal Appeals.
Rule 2.3 Timely Filing (a) Unless a statute, rule, or court order requires that a document be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court’s time zone) on the day of the filing deadline. An electronically filed document is deemed filed when transmitted to the filing party’s electronic filing service provider, except: (1) if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and (2) if a document requires a motion and an order allowing its filing, the document is deemed filed on the date the motion is granted. (b) If a document is untimely filed due to a technical failure or a system outage, the filing party may seek appropriate relief from the court.
Comment to Rule 2.3: This rule addresses when a document is timely filed for purposes of meeting a legal deadline imposed by a statute or a court. A clerk’s acceptance of a document on a weekend or legal holiday does not impact whether a document is timely filed under this rule.
Rule 2.4 E-Mail Address Required The email address of any person who electronically files a document must be included on the document.
Rule 2.5 Paper Copies At the time of filing, a filer need not provide paper copies of an electronically filed document. A filer should provide paper copies of electronically filed documents upon request by a court.
Rule 2.6 Non-Conforming Documents The clerk may not refuse a document that fails to conform to these rules. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit the document in a conforming format.
Comment to Rule 2.6: The intent of this rule is to establish that a clerk may not refuse a document for any perceived violation of these rules. However, the rule permits a clerk the limited authority to identify errors the clerk perceives with
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R whether a filing complies with the Judicial Committee on Information Technology ules Standards currently in effect. When a clerk notifies a filer of an error, it is , inconsequential to a judicial determination regarding whether the document submitted actually violates these rules, and it does not constitute an extension of time to file the document. The purpose of the deadline is to allow for a non- conforming document to be conformed to these rules. The deadline for correction established by the clerk should permit only a reasonable amount of time to allow for the filing to be conformed to the requirements of these rules, and, in general, the deadline should not exceed 72 hours.
Rule 2.7 Electronic Notices from the Court The clerk may send notices, orders, or other communications about the case to the party electronically. A court seal may be electronic.
Rule 2.8 Official Record The clerk may designate an electronically filed document or a scanned paper document as the official court record. The clerk is not required to keep both paper and electronic versions of the same document. However, the clerk must not destroy scanned paper documents and other scanned materials until the clerk has determined that the scanned image is an accurate copy of the paper documents and materials.
Comment to Rule 2.8: This rule does not authorize or permit the destruction of original trial or hearing exhibits.
PART 3. SERVICE OF DOCUMENTS
Rule 3.1 Electronic Service of Documents Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served, except as otherwise expressly provided in these rules, must be served by delivering a copy to the party to be served, or the party’s duly authorized agent or attorney of record.
Documents Filed Electronically. A document filed electronically under these rules must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document must be served on that party or attorney as permitted by law.
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Rule 3.3 Proof of Service The party or attorney of record shall certify to the court compliance with this rule in writing above the signature on the filed instrument. A certificate by a party or an attorney of record, or the return of the officer, or the affidavit of any other person showing service of a notice shall be prima facie evidence of the fact of service. Nothing herein shall preclude any party from offering proof that the document, notice, or instrument was not received, and upon so finding, the court may extend the time for taking the action required of such party or grant such other relief as it deems just.
PART 4. PRIVACY PROTECTION FOR FILED DOCUMENTS
Rule 4.1 Sensitive Data Defined Sensitive data consists of: (1) a driver’s license number, passport number, social security number, tax identification number, or similar government-issued personal identification number; (2) a bank account number, credit card number, or other financial account number; (3) a birth date, home address, or personal phone number; and (4) the name of any person who was a minor when the underlying suit was filed unless, under Texas Family Code Section 54.02, a juvenile court has waived its exclusive original jurisdiction and transferred the individual to a district court.
Rule 4.2 Filing of Documents Containing Sensitive Data Prohibited An electronic or paper document containing sensitive data may not be filed with a court unless the sensitive data is redacted. Documents containing sensitive data may be filed with a court when the data’s inclusion is specifically required by a statute, court rule, or administrative regulation, or when the data is exempt from redaction under Texas Rule of Appellate Procedure 9.10.
Rule 4.3 Redaction of Sensitive Data; Retention Requirement Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filing party must retain an unredacted version of the
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R filed document during the pendency of the case and any related appellate ules proceedings filed within three years of the date the judgment is signed. ,
Rule 4.4 Notice to Clerk If an electronic or paper document must contain sensitive data, the filing party must state on the upper left-hand side of the first page, “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.” This notice is not required if the only sensitive data contained in the document is exempt from redaction under Texas Rule of Appellate Procedure 9.10.
Rule 4.5 Non-Conforming Documents The clerk may not refuse a document that contains sensitive data in violation of these rules or any other statute, rule, or court order. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit a redacted, substitute document.
Comment to Rule 4.5: The intent of this rule is to establish that a clerk may not refuse a document for any perceived violation of these rules. However, the rule permits a clerk the limited authority to identify information the clerk perceives to be sensitive data. When a clerk identifies such information to a filer, it does not constitute an extension of time to file the document. The purpose of the deadline is to allow for a non-conforming document to be conformed to these rules. The deadline for correction established by the clerk should permit only a reasonable amount of time to allow for the filing to be conformed to the requirements of these rules, and, in general, the deadline should not exceed 72 hours.
Rule 4.6 Restriction on Remote Access Documents that contain sensitive data restricted by these rules or any State or Federal law must not be posted on the internet.
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Court of Criminal Appeals State of Texas Supreme Court Building 201 W. 14th Street, Room 106 Austin, TX 78701 (512) 463-1551
In 2004, the Appellate Section of the State Bar of Texas and the Court of Criminal Appeals worked together to identify key information needed by appellate attorneys and pro se litigants to practice effectively before the court. To assist the court in this effort, the Appellate Section collected and formatted the relevant information and published it originally in the Appellate Advocate in February 2005.
Internal Operating Procedures – Court of Criminal Appeals (Revised January 2, 2017)
Court Information 1. Address: Court of Criminal Appeals, P.O. Box 12308, Austin, TX 78711 (U.S. Mail) or 201 W. 14th St., Supreme Court Bldg., Room 106, Austin, TX 78701(Commercial Carrier, ie: Fed Ex, UPS, etc.) 2. Telephone numbers: Phone: (512) 463-1551; Fax: (512) 463-7061 3. Website address: http://www.txcourts.gov/cca 4. Judges: Presiding Judge Sharon Keller, Serving Judges, Michael Keasler, Barbara Hervey, Elsa Alcala, Bert Richardson, Kevin P. Yeary, David Newell, Mary Lou Keel and Scott Walker 5. Clerk of the Court: Deana Williamson 6. Local Rules: Misc. Docket Number 13-004 - Order Requiring Copies Pursuant to Texas Rules of Appellate Procedure 9.3(b)(2)
FILINGS PROCEDURE WHAT AND HOW TO HOW HANDLED COURT'S SPECIAL FILE PARTICULAR NOTES PRACTICES Electronic Attorneys are required to file documents electronically through http://www.efiletexas.gov/ Filing **original = electronically filed version** see information on E-Filing TRAP 9.2(c) Motions Motion for First motions for extension TRAP Extension of time of time are routinely 38.6 (b) - Original only granted. Motions for 68.2(c) Original plus 10 extension of time must copies of all other comply with TRAP 10.5(b) motions and 68.2(c).
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R ules PROCEDURE WHAT AND HOW TO HOW HANDLED COURT'S SPECIAL , FILE PARTICULAR NOTES PRACTICES Briefs Original – File Briefs must comply TRAP Electronically with 70 Mail 10 paper TRAP 38 and 71.3 71.3 copies Amendment and supplementation is allowed only with leave of Court. PDR Original – File TRAP 68 Electronically Record will be Mail 10 paper forwarded by copies the COA Oral n/a The Court will designate The total maximum Additional Argument whether a case requires oral time for oral citations argument. Notification of argument is 20 should not such designation shall be minutes per side. If be made sent to counsel along with a motion for orally during notification of submission. If rehearing is granted argument, counsel desires oral and the cause re- but should argument and the Court has submitted, oral be reduced not so designated the case, argument is limited to writing counsel may petition the to 15 minutes per and filed with Court within 30 days of the side the Clerk. submission notification. Opinions Opinions and Orders are released Wednesday mornings at 9:00 a.m. Motions for Original – file TRAP Rehearing electronically – 79 Mail 10 paper copies Extraordinary Original – file TRAP Matters electronically (you 72.1 will be advised if copies are needed) Technology 1. Westlaw and Lexis are both available to the Court. 2. The Court does not accept fax filings. 3. The orders and opinions of the Court are posted to the web and can be searched at this URL: http://www.search.txcourts.gov/CaseSearch.aspx?coa=coscca&s=c 4. The Court makes audio recordings of oral arguments available on CD-Rom for $5.
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őőőőőőőőőőőőőőőőőőőő Misc. Docket No. 19-001 őőőőőőőőőőőőőőőőőőőő
őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő APPROVAL OF TECHNOLOGY STANDARDS, VERSION 6.0, SET BY THE JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő
ORDERED that:
The Court of Criminal Appeals approves the attached Technology Standards, Version 6.0, set by the Judicial Committee on Information Technology. These standards apply to documents filed electronically under the Statewide Rules governing Electronic Filing in Criminal Cases, Misc. Order 17-002, and Texas Rule of Appellate Procedure 9.
Dated: March 4, 2019.
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS ,
őőőőőőőőőőőőőőőőőőőő Misc. Docket No. 19-001 őőőőőőőőőőőőőőőőőőőő
őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő APPROVAL OF TECHNOLOGY STANDARDS, VERSION 6.0, SET BY THE JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő
ORDERED that:
The Court of Criminal Appeals approves the attached Technology Standards, Version 6.0, set by the Judicial Committee on Information Technology. These standards apply to documents filed electronically under the Statewide Rules governing Electronic Filing in Criminal Cases, Misc. Order 17-002, and Texas Rule of Appellate Procedure 9.
Dated: March 4, 2019.
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C IN THE SUPREME COURT OF TEXAS
════════════════════ Misc. Docket No. 19-9018 Nathan L. Hecht, Chief Justice ════════════════════
════════════════════════════════════════════════════ APPROVAL OF TECHNOLOGY STANDARDS, VERSION 6.0, SET BY Paul W. Green, Justice THE JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY ════════════════════════════════════════════════════
ORDERED that: Eva M. Guzman, Justice
The Supreme Court of Texas hereby approves the attached Technology Standards, Version 6.0, set by the Judicial Committee on Information Technology. These standards apply to documents filed electronically under Texas Rule of Civil Procedure 21 and Texas Rule of Debra H. Lehrmann, Justice Appellate Procedure 9.
Jeffrey S. Boyd, Justice Dated: February 26, 2019.
John P. Devine, Justice
JJeffrey V.V. Brown,Brown, Justice
______JJamesamem s D.D BlB Blacklock,acklock, Justice
Misc. Docket No. 19-9018 Page 2
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IN THE SUPREME COURT OF TEXAS ,
════════════════════ Misc. Docket No. 19-9018 Nathan L. Hecht, Chief Justice ════════════════════
════════════════════════════════════════════════════ APPROVAL OF TECHNOLOGY STANDARDS, VERSION 6.0, SET BY Paul W. Green, Justice THE JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY ════════════════════════════════════════════════════
ORDERED that: Eva M. Guzman, Justice
The Supreme Court of Texas hereby approves the attached Technology Standards, Version 6.0, set by the Judicial Committee on Information Technology. These standards apply to documents filed electronically under Texas Rule of Civil Procedure 21 and Texas Rule of Debra H. Lehrmann, Justice Appellate Procedure 9.
Jeffrey S. Boyd, Justice Dated: February 26, 2019.
John P. Devine, Justice
JeffreyJ V.V. Brown,Brown, Justice
______JamesJamem s D.D BlB Blacklock,acklock, Justice
Misc. Docket No. 19-9018 Page 2
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͵Ǥʹ Ȁ Ǥ ȋ Ȁ ǯȌǣ ǤȋȌ Ǥȋ Ȍ Ǥ Ȁ ǡ Ǥ Ǥ Ȁ ǡ ǤǡǡȀ
Ͷ͵ͳ 2021 Texas Criminal Codes & Rules 43
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Ǥ Ǥ Ȁǡ Ǥ ȋȀȌ Ǥ
ͷ͵ͳ 44 2021 Texas Criminal Codes & Rules
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Ͷ ǡ ǡǡ ǡ Ǥ Ǥ Ǥ
Ǥ
ͶǤͳ4.1.1 CASE CATEGORIES/TYPES Case Category Code Case Type Codes Civil – Contract
Ȁ ȂȀ Ȁ Ȃ Ȁ Ȃ Ȁ Ȁ Ȃ Ȃ Ǧ Ȃ Ǧ Ȃ ȀǦ ȀǦ Ǧ Civil – Employment Civil – Injury or Damage ǯ Ȁ ȀȀ Ȃ Ȃ Ȃ Ȃ ȂȀ
͵ͳ 2021 Texas Criminal Codes & Rules 45
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Civil – Other Civil Ȃ Ȁ ǯ Ǧ ȋǦ Ȍ Ȁ Civil – Real Property Civil – Related to Criminal Matters Ǧ ǯ Ȁ ȋ ƬͺͶͳȌ
͵ͳ 46 2021 Texas Criminal Codes & Rules
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Civil – Tax 4.1.2 FILING TYPES New Case Subsequent Filings
Ȁ Ȁ Ȁ Ȁ Ȁ ȋȌ ȋ Ȍ ȋȌ
ͺ͵ͳ 2021 Texas Criminal Codes & Rules 47
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ͶǤʹ Ǧ ȋ ȂȌ Dz Ȃ Ǧȋ Ȍdz 4.2.1 CASEDzȋ Ǧ Ȍ CATEGORIES/TYPES Ǥ Case Category Code Case Type Codes Family – Marriage Relationship
Family – Other Family Law Family – Parent-Child Relationship Ȁ ȋ ǤʹͶǤʹͲȌ ȀȀ Family – Post-judgment Actions Ǧ Family – Title IV-D (OAG Use Only) Ȃ Ȃ ȋ Ǧ Ȍ ȋ Ǧ Ȍ ȋ Ǧ Ȍ Ȃ ȋ Ǧ Ȍ Ȃ ȋ Ǧ Ȍ ȋ Ǧ Ȍ ȋ Ǧ ȌȂ ȋ Ǧ ȌȂ ȋ Ǧ ȌȀ ȋ Ǧ Ȍ
ͻ͵ͳ 48 2021 Texas Criminal Codes & Rules
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4.2.2 FILING TYPES New Case Subsequent Filings
ȀȀȀ Ȁ ȋȌ Ȁ Ȁ Ȁ ȋ Ǧ Ȍ ȋ Ȍ ȋ Ǧ Ȍ ȋ Ȍ ȋ Ǧ Ȍ Ȃ ȋ Ǧ Ȍ Ȃ ȋ Ǧ Ȍ ȋ Ǧ Ȍ ȋ Ǧ ȌȂ ȀȀ ȋ Ǧ ȌȂ ȋ Ǧ ȌȀ ȋ Ǧ Ȍ ȋȌ ȋ Ǧ Ȍ ȋ Ǧ Ȍ ȋ Ǧ Ȍ Ȃ ȋ Ǧ Ȍ Ȃ ȋ Ǧ Ȍ ȋ Ǧ Ȍ ȋ Ǧ ȌȂ ȋ Ǧ ȌȂ ȋ Ǧ ȌȀ 4.2.3 PARTY TYPES ȋ Ǧ Ȍ
Ǧ ǡ ȋͳȌȋʹȌ Ǥ
ͳͲ͵ͳ 2021 Texas Criminal Codes & Rules 49
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ͶǤ͵4.3.1 CASE CATEGORIES /TYPES Case Category Code Case Type Codes Probate
Probate – Guardianship Ȃ Ȃ Probate – Other Ȁ 4.3.2 FILING TYPES ȋȀȀȌ New Case Subsequent Filings
Ȁ Ȁ ȋȌ Ȁ Ȁ Ȁ ȀȀ ȂȋͻͲ Ȍ ȋ Ȍ Ȁ
ͳͳ͵ͳ 50 2021 Texas Criminal Codes & Rules
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ͶǤͶ Ǧ ȋȌ Ǥ4.4.1 CASE CATEGORIES/TYPES Case Category Code Case Type Codes Multi-District Litigation (MDL)
Ȃ Ȃ Ȃ Ȃ 4.4.2 FILING TYPES Ȃ New Case Subsequent Filings
Ȁ Ȁ Ȁ Ȁ Ȁ ȋȌ ȋ Ȍ
ͳʹ͵ͳ 2021 Texas Criminal Codes & Rules 51
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ͶǤͷ4.5.1 CASE CATEGORIES /TYPES Case Category Code Case Type Codes Criminal – Misdemeanor
ͳ ǯ Ȃ Criminal Felony Ȃ Ǧ Ȃ ȂͳͳǤͲʹ Ȃ ͳ ʹ ͵ Ǧ ǯ ȋ ƬͺͶͳȌ Ȃ Ǧ Ȃ ȂͳͳǤͲͳͳǤͲͳ Ȃ ȂͳͳǤͲʹ 4.5.2 FILING TYPES New Case Subsequent Filings
ǯ Ȁ ȋȌ ȋͳͲǤͳʹȌ Ȁ
ͳ DzdzDz dz ǡ ȋȌ ȋǡǡȌǤ
ͳ͵͵ͳ 52 2021 Texas Criminal Codes & Rules
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Ǧ Ȁ ȋȌ Ȁ
ͳͶ͵ͳ 2021 Texas Criminal Codes & Rules 53
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ͶǤ4.6.1 CASE CATEGORIES/TYPES Case Category Code Case Type Codes Civil – Contract Civil – Employment Civil – Injury or Damage Civil – Other Civil Ȁ Ȃ Ȃ Civil – Real Property Ȁ Civil – Related to Criminal Matters Civil – Tax Ǧ Criminal Ȁ Family – Marriage Relationship Family – Parent-Child Relationship ȋ Ǧ Family – Title IV-D (OAG Use Only) Ȍ Juvenile Probate 4.6.2 FILING TYPES New Case and Subsequent Filings Affidavit of Indigence (TRAP 20.1(c),(2)) Amended Notice of Appeal Appendix Brief Not Requesting Oral Argument Brief Requesting Oral Argument Copy of Notice of Appeal Copy of Notice of Appeal - Exempt
ͳͷ͵ͳ 54 2021 Texas Criminal Codes & Rules
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Docketing Statement Exhibit Exhibits - Exempt Letter Mediation Document Motion Motion - Exempt Motion for Emergency Relief Motion for Emergency Relief - Exempt Motion for Rehearing Motion for Rehearing - Exempt Original Proceeding Petition Original Proceeding Petition - Exempt Original Proceeding Response Other Brief Other Document Petition for Discretionary Review Petition for Permissive Appeal Petition for Permissive Appeal - Exempt Reply to Petition for Discretionary Review Response Sworn Record
ͳ͵ͳ 2021 Texas Criminal Codes & Rules 55
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ͶǤ 4.7.1 STANDARD D OCUMENTS TO FILE
Display Name Formats Allowed ǣStamped? Multiples Allowed? Standalone Document Proposed Order Exhibits/Supporting Documents 4.7.2 STANDARD FILER PROCESSES
Ǥ Ǥ4.7.2.1 Request for Citations
ǡ Dz dz Preferred Ǥ Clerk Implementation
1.
2. Ǥ Ǥ Dzdzǡ Ǥ Ǥ
ͳ͵ͳ 56 2021 Texas Criminal Codes & Rules
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4.7.3 ACCEPTANCE OF DOCUMENTS TENDERED FOR FILING
Ǧ ȋȌǡ ǡ ǤCategory Reason Authority Sealed Documents in camera Vexatious Litigant ʹͳȋȌȋͶȌ Ǥ ͻǤͳͲ ȚͳͳǤͳͲ͵ Ǥ 4.7.4 REQUEST FOR CORRECTION
Ǧ Ǥ Category Reason ǣAuthority Insufficient Fees
Ǥ
ͳͺ͵ͳ 2021 Texas Criminal Codes & Rules 57
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ȚͳͲʹǤͲͲͺ ȚͳͲͷǤͲͲ ȋȌ ȀȋȌ ͻ Incorrect Formatting ͵ͲǤͲͳͷ ʹͳȋȌȋͺȌ Ǥ ͵ͲͲ PDF Documents ͺǤͷdzͳͳdz Combined ǤǦ Illegible/Unreadable Ǥ Sensitive Data Ǥ Ǥ ʹͳ ȋǦȌ ǣ ͻǤͳͲ ǡǡǡ ǡ ǡ ǡ ǡ Filer’s Request Ǥ Judge’s Request Ǥ
ͳͻ͵ͳ 58 2021 Texas Criminal Codes & Rules
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4.7.5 ADDITIONAL SERVICES
Ǥ Ǥ ǡǡ Ǥ
ǡ ȋ Ǧ Ȍ Ǧ Ǥ Ǧ Additional Service ǤStatute
ȋͳͳǦʹͷȌ ͷͳǤ͵ͳȋǦͳȌȋͳȌ ȋʹǦͳͲͲȌ ͷͳǤ͵ͳȋǦͳȌȋʹȌ ȋͳͲͳǦͷͲͲȌ ͷͳǤ͵ͳȋǦͳȌȋ͵Ȍ ȋͷͲͳǦͳͲͲͲȌ ͷͳǤ͵ͳȋǦͳȌȋͶȌ ȋͳͲͲͳΪȌ ͷͳǤ͵ͳȋǦͳȌȋͷȌ ͳͻͳǤͲͲͶͷȋȌ ͳͻͳǤͲͲͶͷȋȌ ͳͳͺǤͲͲ ͶͳͳǤͳ͵ͺ ͳͳͺǤͲͳͳȋ Ȍ ͷͳǤ͵ͳͻȋ͵Ȍ ͷͳǤ͵ͳͺȋȌȋȌ ͳͳͺǤͲͲ ͶͷǤͳͲȋ Ȍ ͳͳͺǤͲͲ ͷͳǤ͵ͳͺȋȌȋͶȌ Ȃ ͳͳͺǤͲͳͳȋ͵ȌȋȌ ͷͳǤ͵ͳͺȋȌȋȌ Ȃ ͷͳǤ͵ͳͻȋ͵Ȍ ȂǦ ͳͳͺǤͲͳͳȋ͵ȌȋȌ ͷͳǤ͵ͳͺȋȌȋͺȌ Ȃ ͻͻȋȌ ʹͷͳʹͲ ͳͳͺǤͲͷʹȋʹȌȋȌȋȌ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ ͷͳǤ͵ͳͺȋȌȋͷȌ ͳͳͺǤͲͷͻ ͷͳǤ͵ͳͺȋȌȋʹȌ ͳͳͺǤͲͷͻ ͷͳǤ͵ͳͺȋȌȋʹȌ ͳͳͺǤͲͷͻ ͷͳǤ͵ͳͺȋȌȋʹȌ Ǧ ͳͳͺǤͲͷͻ ͷͳǤ͵ͳͺȋȌȋʹȌ Ȃ ͳͲͺǤ Ȃ ͳͳͺǤͳ͵ͳȋȌ Ǧ ͳͳͺǤͲͷͻ
ʹͲ͵ͳ 2021 Texas Criminal Codes & Rules 59
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Additional Service Statute
ͷͳǤ͵ͳͺȋȌȋʹȌ Ȃ ͳͳͺǤͲͷͻ ͷͳǤ͵ͳͺȋȌȋʹȌ Ȃ ͳͳͺǤͲͷͻ ͶͲͷǤͲ͵ͳȋȌ ͳǤͲͻͳ Ȃ ͳͳͺǤͳ͵ͳȋȌ ͳͳͺǤͲͷͻ Ȃ ͳͲʹǤͲͲȋȌȋʹ ͵Ȍ Ȃ ͳͳͺǤͲͷͻ ͷͳǤ͵ͳͺȋȌȋʹȌ ͳͳͺǤͲͳͳȋ Ȍ ͷͳǤ͵ͳͻȋ͵Ȍ ǡ ǡ ͳͳͺǤͲͷʹȋ͵ȌȋȌ ʹ͵ʹǤͲͲͺȋȌ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ ͷͳǤ͵ͳͺȋȌȋʹȌ ʹ͵ʹǤͲͲͺȋȌ ʹ͵ʹǤͲͳ͵ȋȌ Ȁ ͳͳͺǤͲͷͻ ͷͳǤ͵ͳͺȋȌȋʹȌ Ȃ ͳͳͺǤͲͷͻ ͷͳǤ͵ͳͺȋȌȋʹȌ ͺʹǤͲͶʹ ͳͳͺǤͲͷͻ Ͷʹȋ Ȍ ͳͳͺǤͲͷͻ ͳͳͺǤͲͷͻ ͷͳǤ͵ͳͺȋȌȋͳȌ ʹ͵ǤͲ͵ȋͻȌ ͳͳͺǤͲͷͻ ͳͳͺǤͲͷͻ Ǧͳͷȋ Ȍ ͳͲͷǤͲͲͺ ͷͳǤ͵ͳͺȋȌȋʹȌ ͳͳͺǤͲͷͻ ͷͳǤ͵ͳͺȋȌȋʹȌ Ȃ ͷͳǤ͵ͳͺȋȌȋʹȌ ͷͳǤ͵ͳͺȋȌȋʹȌ ͷͳǤ͵ͳͺȋȌȋʹȌ ͷͳǤ͵ͳͺȋȌȋʹȌ ͳͳͺǤͲͷͻ ͷͳǤ͵ͳͺȋȌȋʹȌ ͳͳͲǤͲͲͶ ͳͳͺǤͳͲͳȋͳͳȌ
ʹͳ͵ͳ 60 2021 Texas Criminal Codes & Rules
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ʹͳ ͷͳǤͲͶȋȌ ͳ ͳͻͳǤͲͲ ͳͻͳǤͲͲ ͳ ͳͳͺǤͲͳ͵ ͳͳͺǤͲͳ͵ ȋͳǦͷȌ ͳǤͲʹͷ ȋǦͳͲȌ ͳǤͲʹͷ ȋͳͳǦͳͷȌ ͳǤͲʹͷ ȋͳǦʹͲȌ ͳǤͲʹͷ ȋʹͳǦʹͷȌ ͳǤͲʹͷ ȋʹǦ͵ͲȌ ͳǤͲʹͷ ȋ͵ͳǦ͵ͷȌ ͳǤͲʹͷ ȋ͵ǦͶͲȌ ͳǤͲʹͷ ȋͶͳǦͶͷȌ ͳǤͲʹͷ ȋͶǦͷͲȌ ͳǤͲʹͷ ȋͷͳǦͳͷͲȌ ͳǤͲʹͷ ȋͳͷͳǦͳ͵ͲͲȌ ͳǤͲʹͷ ȋͳ͵ͲͲΪȌ ͳǤͲʹͷ ȋͳȀ Ȍ ͳǤͲʹͷ ȋͳ Ȍ ͳǤͲʹͷ ȋȀȀ Ȍ ͳǤͲʹͷ Ȃ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ Ȃ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ Ǧ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ Ȃ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ Ȁ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ Ȃ ͳͳͺǤͲͷʹȋͳȌȋȌȋȌ ͳͳͺǤͲͳͳȋ Ȍ ͷͳǤ͵ͳͺȋȌȋ͵Ȍ Ȃ ͵Ǥ͵ȋ Ȍ Ȃ ͳͳͺǤͲ͵ ͷͳǤ͵ͳͻȋʹȌ ȂȂ ͵Ǥ͵ȋȌ
ʹʹ͵ͳ 2021 Texas Criminal Codes & Rules 61
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ȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂȂ ͳʹǤͲͲͷȋȌȋʹȌ ȂȂȀ ͳͳͺǤͳ͵ͳȋȌ ȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂȂȂȋ ȌǦȋʹ ͳͳͺǤͳ͵ͳȋȌ Ȍ ȂȂ ͳͳͺǤͳ͵ͳȋȌ Ȃ ͳͳͺǤͲͳͳȋ Ȍ ͷͳǤ͵ͳͻȋ͵Ȍ Ȃ ͳͳͺǤͲ͵ ͷͳǤ͵ͳͻȋʹȌ ȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂȂ ͳʹǤͲͲͷȋȌȋʹȌ ȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂǦ ͳͳͺǤͳ͵ͳȋȌ ȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂȂȂ ͳͳͺǤͳ͵ͳȋȌ ȂȂȂ ͳͳͺǤͳ͵ͳȋȌ ǦȂ͵ Ȃȋ ͳͳͺǤͳ͵ͳȋȌ Ȍ ǦǦ ͳͳͺǤͳ͵ͳȋȌ ȋ Ǧ Ȍ ʹ͵ͳǤʹͲʹȋͳȌ ȋ Ǧ Ȍ ͳͲ ȂͳͲ ȋ Ǧ Ȍ ͳͳ Ȃ ȋ Ǧ Ȍ ʹ͵ͳǤʹͲʹȋͶȌȋȌ Ȃ ȋ Ǧ Ȍ ʹ͵ͳǤʹͲʹȋͳȌ
ʹ ͳͳͺǤͳ͵ͳȋȌ Ǥ ǡ Dz ͵ ǦǦdz Ǥ ͳͳͺǤͳ͵ͳȋȌ Ǥ ǡ Dz ǦǦdz Ǥ
ʹ͵͵ͳ 62 2021 Texas Criminal Codes & Rules
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ʹͶ͵ͳ 2021 Texas Criminal Codes & Rules 63
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Case Category Code Case Type Codes Index Images Delay Info
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Case Category Code Case Type Codes Index Images Delay Info
Ȃ Ǧ ǯ Ȁ ȋ Ƭ ͺͶͳȌ Ȃ 5.3.2 FAMILY CASES Case Category Code Case Type Codes Index Docs Delay Info Show Family– Marriage Relationship ͵ͳ ͵ͳ ͵ͳ Family– Other Family ͵ͳ Law ͵ͳ See ͵ͳ ȚͳͷʹǤ͵ͳͷSee Ȁ ͵ͳ Ǥ ȚͳͷͺǤͲͲͳ ͵ͳ ͳͷ Ȃ Ȃ ͵ͳ Family– Parent-Child Relationship ͵ͳ Ȁ ȋ ǤʹͶǤʹͲȌ ͵ͳ ͵ͳ
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͵ͳ ȀȀ ͵ͳ Family– Post- ͵ͳ judgment Actions Ǧ ͵ͳ ͵ͳ Family– Title IV-D Ȃ ͵ͳ (OAG Use Only) Ȃ ͵ͳ ȋ Ǧ Ȍ ͵ͳ ȋ Ǧ Ȍ ͵ͳ ȋ Ǧ Ȍ Ȃ ͵ͳ ȋ Ǧ Ȍ Ȃ ͵ͳ ȋ Ǧ Ȍ ͵ͳ ȋ Ǧ Ȍ ͵ͳ ȋ Ǧ ȌȂ ͵ͳ ȋ Ǧ ȌȂ ͵ͳ ȋ Ǧ ȌȀ ͵ͳ ȋ Ǧ Ȍ ͵ͳ 5.3.3 PROBATE CASES Case Category Code Case Type Codes Index Docs Delay Info? Show?
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5.3.4 MDL CASES Case Category Code Case Type Codes Index Docs Delay Info? Show? Multi-District Litigation (MDL) Ȃ Ȃ Ȃ Ȃ Ȃ
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C IN THE SUPREME COURT OF TEXAS
5.3.5 FOURTEEN COURTS OF APPEALS ════════════════════ Case Category Code Case Type Codes Index Docs Delay Misc. Docket No. 18-9152 Info? Show? ════════════════════ Civil – Contract Civil – Employment ════════════════════════════════════════════════════ Civil – Injury or Damage ORDER AMENDING APPENDIX D OF THE TEXAS RULES OF APPELLATE PROCEDURE Civil – Other Civil ════════════════════════════════════════════════════ Ȁ Ȃ ORDERED that: Ȃ 1. By order dated June 18, 2018, in Misc. Docket No. 18-014, the Court of Criminal Appeals proposed amendments to Appendix D of the Texas Rules of Appellate Procedure and invited public comments. This joint order contains the final version of the amendments, which are effective December 1, 2018. Ȁ Civil – Real Property 2. The Clerk is directed to: Civil – Related to Criminal Matters a. file a copy of this order with the Secretary of State; Civil – Tax Ǧ Criminal Ȁ b. cause a copy of this order to be mailed to each registered member of the Family – Marriage State Bar of Texas by publication in the Texas Bar Journal; Relationship Family – Parent-Child Relationship c. send a copy of this order to each elected member of the Legislature; and ȋ Ǧ Ȍ Family – Title IV-D (OAG d. submit a copy of the order for publication in the Texas Register. Use Only) Juvenile Probate Dated: November 5, 2018.
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IN THE SUPREME COURT OF TEXAS ,
════════════════════ Misc. Docket No. 18-9152 ════════════════════
════════════════════════════════════════════════════ ORDER AMENDING APPENDIX D OF THE TEXAS RULES OF APPELLATE PROCEDURE ════════════════════════════════════════════════════
ORDERED that:
1. By order dated June 18, 2018, in Misc. Docket No. 18-014, the Court of Criminal Appeals proposed amendments to Appendix D of the Texas Rules of Appellate Procedure and invited public comments. This joint order contains the final version of the amendments, which are effective December 1, 2018.
2. The Clerk is directed to:
a. file a copy of this order with the Secretary of State;
b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this order to each elected member of the Legislature; and
d. submit a copy of the order for publication in the Texas Register.
Dated: November 5, 2018.
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Nathan L. Hecht, Chief Justice őőőőőőőőőőőőőőőőőőőő Misc. Docket No. 18-024 őőőőőőőőőőőőőőőőőőőő
Paul W. Green, Justice őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő ORDER AMENDING APPENDIX D OF THE TEXAS RULES OF APPELLATE PROCEDURE őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő Phil Johnson, Justice ORDERED that:
1. On June 18, 2018, the Court of Criminal Appeals signed Miscellaneous Docket Order 18-014 Eva M. Guzman, Justice proposing amendments to Appendix D of the Rules of Appellate Procedure and invited public comments. The public comment period has expired.
2. The Court has reviewed any comments received. This order incorporates all revisions and Debra H. Lehrmann, Justice contains the final version of these rule amendments.
3. Pursuant to section 22.108 of the Texas Government Code, the Court of Criminal Appeals
Jeffrey S. Boyd, Justice amends Appendix D of the Rules of Appellate Procedure. The amendments will take effect on December 1, 2018.
4. The Clerk is directed to: John P. Devine, Justice a. file a copy of this order with the Secretary of State;
b. cause a copy of this order to be mailed to each registered member of the JeffreyJeffrey V.V. Brown,Brown, JJusticeustice State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this order to each elected member of the Legislature; and ______JamesJames D.D Blacklock,Blacklock, JusticeJustice d. submit a copy of the order for publication in the Texas Register.
Dated: October 30, 2018.
Misc. Docket No. 18-9152 Page 2
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS ,
őőőőőőőőőőőőőőőőőőőő Misc. Docket No. 18-024 őőőőőőőőőőőőőőőőőőőő
őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő ORDER AMENDING APPENDIX D OF THE TEXAS RULES OF APPELLATE PROCEDURE őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő
ORDERED that:
1. On June 18, 2018, the Court of Criminal Appeals signed Miscellaneous Docket Order 18-014 proposing amendments to Appendix D of the Rules of Appellate Procedure and invited public comments. The public comment period has expired.
2. The Court has reviewed any comments received. This order incorporates all revisions and contains the final version of these rule amendments.
3. Pursuant to section 22.108 of the Texas Government Code, the Court of Criminal Appeals amends Appendix D of the Rules of Appellate Procedure. The amendments will take effect on December 1, 2018.
4. The Clerk is directed to:
a. file a copy of this order with the Secretary of State;
b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this order to each elected member of the Legislature; and
d. submit a copy of the order for publication in the Texas Register.
Dated: October 30, 2018.
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______Michael Keasler, JudgeJudge
______BarbaraBarbbara Hervey, JudgeJudge
______Elsa AlcalaAlcala,, JudgeJudge
______BertBeB rt Richardson, Judge
______Kevin P. Yeary,Yeary, JudgeJudge
______DavidDavid Newell,Newew ll, JudgeJJudge
______MaryMaM ry LLouou Keel,Keee l, JudgeJudgeg
______SScott tt Walker, W lkk JJudged
Misc. Docket No. 18-024 Page 2
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APPENDIX D ules Certification of Defendant’s Right of Appeal , ______No. ______Sharon Keller, Presiding Judge The State of Texas In the ______Court
______v. of Michael Keasler, JudgeJudge ______County, Texas Defendant
TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* ______BarbaraBarbbara Hervey, JudgeJudge I certify that this criminal case: ප is not a plea-bargain case, and the defendant has the right of appeal; ______ප is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not Elsa AlcalaAlcala,, JudgeJudge withdrawn or waived, and the defendant has the right of appeal; ප is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal; ______BertBeB rt Richardson, Judge ප is a plea-bargain case, and the defendant has NO right of appeal; Ƒ the defendant has waived the right of appeal.
______Kevin P. Yeary,Yeary, JudgeJudge Judge Date Signed I have received a copy of this certification. I have also been informed of my rights concerning any appeal of this criminal case, including any right to file a pro se petition for discretionary review pursuant to Rule 68 of ______the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy of the DavidDavid Newell,Newew ll, JudgeJJudge court of appeals’ judgment and opinion to my last known address and that I have only 30 days in which to file a pro se petition for discretionary review in the Court of Criminal Appeals. TEX.R.APP. P. 68.2, 68.3. I acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of any change in the address at which I am currently living or ______any change in my current prison unit. I understand that, because of appellate deadlines, if I fail to timely MaryMaM ry LLouou Keel,Keee l, JudgeJudgeg inform my appellate attorney of any change in my address, I may lose the opportunity to file a pro se petition for discretionary review. ______Defendant Defendant’s Counsel SScott tt Walker, W lkk JJudged State Bar of Texas ID number:______Mailing address: ______Mailing address:______Telephone number: ______Telephone number:______Email Address (if any): ______Email Address: ______
* See TEX. R. APP. P. 25.2(a)(2).
Misc. Docket No. 18-024 Page 2 Misc. Docket No. 18-024 Page 3
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C IN THE SUPREME COURT OF TEXAS
════════════════════ Nathan L. Hecht, Chief Justice Misc. Docket No. 18-9153 ════════════════════
════════════════════════════════════════════════════ Paul W. Green, Justice ORDER AMENDING APPENDIX E OF THE TEXAS RULES OF APPELLATE PROCEDURE ════════════════════════════════════════════════════
Phil Johnson, Justice ORDERED that:
1. By order dated September 10, 2018, in Misc. Docket No. 18-018, the Court of Criminal Eva M. Guzman, Justice Appeals proposed amendments to Appendix E of the Texas Rules of Appellate Procedure and invited public comments. This joint order contains the final version of the amendments, which are effective December 1, 2018.
Debra H. Lehrmann, Justice 2. The Clerk is directed to:
a. file a copy of this order with the Secretary of State;
Jeffrey S. Boyd, Justice b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this order to each elected member of the Legislature; and John P. Devine, Justice d. submit a copy of the order for publication in the Texas Register.
JeffreyJeffrey V.V. Brown,Brown, JJusticeustice Dated: November 5, 2018.
______JamesJames D.D Blacklock,Blacklock, Justice
Misc. Docket No. 18-9153 Page 2
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IN THE SUPREME COURT OF TEXAS ,
════════════════════ Nathan L. Hecht, Chief Justice Misc. Docket No. 18-9153 ════════════════════
════════════════════════════════════════════════════ Paul W. Green, Justice ORDER AMENDING APPENDIX E OF THE TEXAS RULES OF APPELLATE PROCEDURE ════════════════════════════════════════════════════
Phil Johnson, Justice ORDERED that:
1. By order dated September 10, 2018, in Misc. Docket No. 18-018, the Court of Criminal Eva M. Guzman, Justice Appeals proposed amendments to Appendix E of the Texas Rules of Appellate Procedure and invited public comments. This joint order contains the final version of the amendments, which are effective December 1, 2018.
Debra H. Lehrmann, Justice 2. The Clerk is directed to: a. file a copy of this order with the Secretary of State;
Jeffrey S. Boyd, Justice b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal; c. send a copy of this order to each elected member of the Legislature; and John P. Devine, Justice d. submit a copy of the order for publication in the Texas Register.
JeffreyJeffrey V.V. Brown,Brown, JJusticeustice Dated: November 5, 2018.
______JamesJames D.D Blacklock,Blacklock, Justice
Misc. Docket No. 18-9153 Page 2
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C IN THE COURT OF CRIMINAL APPEALS OF TEXAS ______őőőőőőőőőőőőőőőőőőőő Sharon Keller, Presiding Judge Misc. Docket No. 18-023 őőőőőőőőőőőőőőőőőőőő ______őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő MichaelMichhael Keasler, JudgJudgee ORDER AMENDING APPENDIX E OF THE TEXAS RULES OF APPELLATE PROCEDURE őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő ______BarbaraBaB rbara Hervey, JudgeJudge ORDERED that:
1. On September 10, 2018, the Court of Criminal Appeals signed Miscellaneous Docket Order 18- ______018 proposing amendments to Appendix E of the Rules of Appellate Procedure and invited Elsa Alcala,Alcala, Judge public comments. The public comment period has expired.
2. The Court has reviewed any comments received. This order incorporates all revisions and ______contains the final version of these rule amendments. BertBBert Richardson, Judge
3. Pursuant to section 22.108 of the Texas Government Code, the Court of Criminal Appeals amends Appendix E of the Rules of Appellate Procedure. The amendments will take effect on ______December 1, 2018. Kevin P. Yeary,Yeary, JudgeJudgge
4. The Clerk is directed to: ______a. file a copy of this order with the Secretary of State; David Newell,Newew ll, Judge
b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal; ______MaryMaM ry LLouou Keel,KeK el, JudgeJudge c. send a copy of this order to each elected member of the Legislature; and
d. submit a copy of the order for publication in the Texas Register. ______ScottSW Walker,lk JudgeJ d
Dated: October 30, 2018.
Misc. Docket No. 18-023 Page 2
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS , ______őőőőőőőőőőőőőőőőőőőő Sharon Keller, Presiding Judge Misc. Docket No. 18-023 őőőőőőőőőőőőőőőőőőőő ______őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő MichaelMichhael Keasler, JudgJudgee ORDER AMENDING APPENDIX E OF THE TEXAS RULES OF APPELLATE PROCEDURE őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő ______BarbaraBaB rbara Hervey, JudgeJudge ORDERED that:
1. On September 10, 2018, the Court of Criminal Appeals signed Miscellaneous Docket Order 18- ______018 proposing amendments to Appendix E of the Rules of Appellate Procedure and invited Elsa Alcala,Alcala, Judge public comments. The public comment period has expired.
2. The Court has reviewed any comments received. This order incorporates all revisions and ______contains the final version of these rule amendments. BertBBert Richardson, Judge
3. Pursuant to section 22.108 of the Texas Government Code, the Court of Criminal Appeals amends Appendix E of the Rules of Appellate Procedure. The amendments will take effect on ______December 1, 2018. Kevin P. Yeary,Yeary, JudgeJudgge
4. The Clerk is directed to: ______a. file a copy of this order with the Secretary of State; David Newell,Newew ll, Judge b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal; ______MaryMaM ry LLouou Keel,KeK el, JudgeJudge c. send a copy of this order to each elected member of the Legislature; and d. submit a copy of the order for publication in the Texas Register. ______ScottSW Walker,lk JudgeJ d
Dated: October 30, 2018.
Misc. Docket No. 18-023 Page 2
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P APPENDIX E ourt C COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07
DEFINITIONS
In this application form:
1. “Applicant” means a person seeking relief in an application for a writ of habeas corpus from his or her felony conviction imposing a sentence other than the death penalty or a probated sentence that has not been revoked. An applicant can be an inmate or a non-inmate whose liberty is restrained.
2. “Inmate” means a person who is in custody in a prison or jail.
3. “Petitioner” means a person, including an attorney or a non-attorney, presenting an application for a writ of habeas corpus on behalf of another person (the applicant). Any petitioner may present an application on behalf of an applicant for the purpose of obtaining relief from the applicant’s felony conviction. However, the petitioner presenting the application form must sign and attest that he or she has consulted with the applicant concerning the application and the applicant has given consent to the filing of this application form.
INSTRUCTIONS
1. All applicants and petitioners, including attorneys, must use the complete application form. You must use this application form, which begins on the page following these instructions, to file an application, or an amended or supplemental application, for a writ of habeas corpus seeking relief from a final felony conviction under Article 11.07 of the Code of Criminal Procedure. (This application form is not for death-penalty cases, probated sentences which have not been revoked, misdemeanors, or pretrial habeas applications under Article 11.08 of the Code of Criminal Procedure.)
2. Failure to follow these instructions may cause your entire application to be dismissed.
3. The district clerk of the county in which you were convicted will make this application form available to you, on request, without charge. The form can also be obtained from the Court of Criminal Appeals’ website.
4. You must file the entire application form, including those sections that do not apply to you. If any pages are missing from the form, or if the questions have been renumbered or omitted, your entire application may be dismissed as non-compliant.
5. You must make a separate application on a separate form for each case number from which you seek relief. Even if the judgments were entered in the same court on the same day, you must complete a separate application form for each case number. If a case number has multiple counts, include all the counts on one application form.
Article 11.07 Writ Application Form Instructions i Revised 2018
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R 6. You must include all grounds for relief on the application form as provided by the instructions under ules
item 18. You must also briefly summarize the facts of your ground on the application form as provided , by the instructions under item 18. Each ground shall begin on a new page, and the recitation of the facts supporting the ground shall be no longer than the two pages provided for the ground in the form.
7. Answer every item that applies to you on the application form. Do not attach any additional pages for any ground. However, if you have more than five grounds for relief, you may include additional copies of pages 14 and 15 to add more grounds for relief. Additional grounds must still comply with instruction 6.
8. Legal citations and arguments may be made in a separate memorandum that complies with Texas Rule of Appellate Procedure 73 and certifies that the document does not exceed 15,000 words if computer- generated or 50 pages if not.
9. You must verify the application form by signing either the appropriate Unsworn Declaration or the “Oath Before a Notary Public,” which are at the end of this form. If you are a petitioner presenting the application on behalf of an applicant, you may sign and verify the application form on behalf of the applicant. However, any petitioner who signs and verifies the application form may be prosecuted and convicted for aggravated perjury if the application form contains any false statement of a material fact.
10. When the application form is fully completed, mail the original and any exhibits and memorandum of law to the district clerk of the county of conviction or electronically file the application form with the district clerk of the county of conviction following the current electronic filing rules for criminal cases. Keep a copy of the application form for your records.
11. You must notify the district clerk of the county of conviction of any change in your address or email address after you have filed your application form. In addition, after the application form has been received by the Court of Criminal Appeals, you must notify the Clerk of the Court of Criminal Appeals of any change in your address or email address.
12. Warning: If the application form does not include all of the grounds for relief, additional grounds brought at a later date may be procedurally barred. See TEX.CODE CRIM.PROC. Art. 11.07 § 4.
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P Case No. ______ourt
C (The district clerk of the county of conviction will fill in this blank.)
ġ IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE ARTICLE 11.07
NAME: ______
DATE OF BIRTH: ______
PLACE OF CONFINEMENT: ______
WARDEN: ______
TDCJ-CID NUMBER: ______SID NUMBER: ______
(1) This application concerns (check all that apply):
G a conviction G parole
G a sentence G mandatory supervision
G time credit G out-of-time appeal or petition for discretionary review
(2) What are the court number and county of the district court in which you were convicted?
______
(3) What was the case number in the trial court? (Put only one case number here, even if it includes multiple counts. You must make a separate application on a separate form for other case numbers.)
______
(4) What was the name of the trial judge?
______
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______
(6) What was the date that the judgment was entered?
______
(7) For what offense were you convicted and what was the sentence?
______
(8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count?
______
______
(9) What was the plea you entered? (Check one.)
G guilty-open plea G guilty-plea bargain G not guilty G nolo contendere/no contest
If you entered different pleas to counts in a multi-count indictment, please explain:
______
______
(10) What kind of trial did you have?
G no jury G jury for guilt and punishment G jury for guilt, judge for punishment
Article 11.07 Writ Application Form 2 Revised 2018
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P (11) Did you testify at trial? If yes, at what phase of the trial did you testify? ourt C ______
(12) Has your sentence discharged? G yes G no
If you answered yes, when did your sentence discharge? ______
(13) Did you appeal from the judgment of conviction?
G yes G no
If you did appeal, answer the following questions:
(A) Which court of appeals decided the appeal? ______
(B) What was the case number? ______
(C) Were you represented by counsel on appeal? If yes, provide the attorney’s name: ______
(D) What was the decision and the date of the decision?______
(14) Did you file a petition for discretionary review in the Court of Criminal Appeals?
G yes G no
If you did file a petition for discretionary review, answer the following questions:
(A) What was the case number? ______
(B) What was the decision and the date of the decision? ______
(15) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging the conviction in this case number?
G yes G no
If you answered yes, answer the following questions:
(A) What was the Court of Criminal Appeals’ writ number? ______(B) What was the decision and the date of the decision? ______
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(C) Please briefly explain why the current grounds were not presented and could , not have been presented in your previous application.
______
______
______
______
______
(16) Do you currently have any petition or appeal pending in any other state or federal court?
G yes G no
If you answered yes, please provide the name of the court and the case number:
______
(17) If you are presenting a time credit claim, other than for pre-sentence jail time credit, have you exhausted your administrative remedies by presenting the time credit claim to the time credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to any final felony conviction, including state jail felonies.)
G yes G no
If you answered yes, answer the following questions:
(A) What date did you present the claim to the time credit resolution system?
______
(B) Did you receive a decision and, if yes, what was the date of the decision? ______
If you answered no, please explain why you have not presented your time credit claim to the time credit resolution system of the Texas Department of Criminal Justice:
Article 11.07 Writ Application Form 4 Revised 2018
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______
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(18) Beginning on page 6, state concisely every legal ground for why you think that you are being illegally confined or restrained and then briefly summarize the facts supporting each ground. You must present each ground and a brief summary of the facts on the application form. If your grounds and a brief summary of the facts have not been presented on the application form, the Court will not consider your grounds. A factual summary that merely references an attached memorandum or another ground for relief will not constitute a sufficient summary of the facts.
If you have more than four grounds, use pages 14 and 15 of the application form, which you may copy as many times as needed to give you a separate page for each ground, with each ground numbered in sequence. The recitation of the facts supporting each ground must be no longer than the two pages provided for the ground in the form.
You may include with the application form a memorandum of law if you want to present legal authorities or provide greater factual detail, but the Court will not consider grounds for relief set out in a memorandum of law that were not raised on the application form. The memorandum of law must comply with Texas Rule of Appellate Procedure 73 and must not exceed 15,000 words if computer-generated or 50 pages if not. If you are challenging the validity of your conviction, please include a summary of the facts pertaining to your offense and trial in your memorandum of law.
If the application form does not include all of the grounds for relief, additional grounds brought at a later date may be procedurally barred.
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R GROUND ONE: ules , ______
______
FACTS SUPPORTING GROUND ONE:
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Article 11.07 Writ Application Form 6 Revised 2018
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R GROUND TWO: ules ,
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FACTS SUPPORTING GROUND TWO:
______
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Article 11.07 Writ Application Form 8 Revised 2018
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R GROUND THREE: ules ,
______
______
FACTS SUPPORTING GROUND THREE:
______
______
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Article 11.07 Writ Application Form 10 Revised 2018
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Article 11.07 Writ Application Form 11 Revised 2018
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R GROUND FOUR: ules ,
______
______
FACTS SUPPORTING GROUND FOUR:
______
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Article 11.07 Writ Application Form 12 Revised 2018
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R GROUND ______: ules ,
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FACTS SUPPORTING GROUND:
______
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Article 11.07 Writ Application Form 14 Revised 2018
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R WHEREFORE, I PRAY THAT THE COURT GRANT THE RELIEF TO WHICH ules APPLICANT MAY BE ENTITLED IN THIS PROCEEDING. ,
VERIFICATION
This application form must be verified in one of the following ways by either an applicant or a petitioner or it may be dismissed for noncompliance. Applicants
In order to verify this application form, an applicant must sign one of the following:
(1) the “Unsworn Declaration” for inmates (page 16) if applicant is an inmate; or (2) the “Unsworn Declaration” for non-inmates (page 17) if applicant is not an inmate; or (3) the “Oath Before a Notary Public” before a notary public (page 18). Petitioners
If a petitioner, including an attorney, presents an application form on behalf of an applicant, the petitioner may verify the application form for the applicant. In order to verify this application form, a petitioner must sign one of the following:
(1) the “Unsworn Declaration” for inmates (page 16) if petitioner is an inmate; or (2) the “Unsworn Declaration” for non-inmates (page 17) if petitioner is not an inmate; or (3) the “Oath Before a Notary Public” before a notary public (page 18).
In addition, all petitioners, including attorneys, presenting an application on behalf of an applicant must complete “Petitioner’s Information” and sign “Petitioner’s Statement” (page 19).
UNSWORN DECLARATION (INMATE)
My name is (First)______(Middle)______(Last)______, my date
of birth is ______, and my inmate identifying number, if any, is ______.
I am presently incarcerated in (Corrections unit name)______in
(City) ______, (County)______, (State) ______,
(Zip Code)______. I declare under penalty of perjury that the contents of this application for a
writ of habeas corpus and the facts stated in the application form are true and correct.
Executed on the ______day of (Month)______(Year)______.
Signature of Declarant: ______
Article 11.07 Writ Application Form 16 Revised 2018
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My name is (First) ______(Middle) ______(Last)______, my
date of birth is ______, and my address is (Street)______
______, (City)______, (State)______, (Zip
Code)______, and (Country)______. I declare under penalty of perjury that
the contents of this application for a writ of habeas corpus and the facts stated in the application form
are true and correct.
Executed in ______County, State of ______, on the
______day of (Month)______(Year)_____.
Signature of Declarant: ______
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R OATH BEFORE A NOTARY PUBLIC ules , STATE OF TEXAS
COUNTY OF ______
______, being duly sworn, under oath says: “I am the applicant or petitioner in this action and know the contents of this application for a writ of habeas corpus and, according to my belief, the facts stated in the application form are true.”
______Signature of Declarant
SUBSCRIBED AND SWORN TO BEFORE ME THIS _____ DAY OF ______, 20_____.
______Signature of Notary Public
Article 11.07 Writ Application Form 18 Revised 2018
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C IN THE SUPREME COURT OF TEXAS (Contact information for a petitioner presenting this application on behalf of the applicant) ════════════════════ Petitioner’s printed name: ______Misc. Docket No. 18-9154 ════════════════════ State bar number, if applicable: ______════════════════════════════════════════════════════ Address: ______ORDER AMENDING APPENDIX F OF THE TEXAS RULES OF APPELLATE PROCEDURE ______════════════════════════════════════════════════════
______ORDERED that:
Telephone: ______1. By order dated June 18, 2018, in Misc. Docket No. 18-015, the Court of Criminal Appeals proposed amendments to Appendix F of the Texas Rules of Appellate Procedure Fax: ______and invited public comments. This joint order contains the final version of the amendments, which are effective December 1, 2018. Email Address: ______2. The Clerk is directed to: PETITIONER=S STATEMENT a. file a copy of this order with the Secretary of State; “I am signing and presenting this application form on behalf of the applicant for the purpose of obtaining relief from the applicant’s felony conviction. I have consulted with b. cause a copy of this order to be mailed to each registered member of the the applicant concerning this application and the applicant has given consent to the State Bar of Texas by publication in the Texas Bar Journal; filing of this application form.” c. send a copy of this order to each elected member of the Legislature; and ______Signature of Petitioner d. submit a copy of the order for publication in the Texas Register.
Signed on ______, 20_____.
Dated: November 5, 2018.
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R ules
IN THE SUPREME COURT OF TEXAS ,
════════════════════ Misc. Docket No. 18-9154 ════════════════════
════════════════════════════════════════════════════ ORDER AMENDING APPENDIX F OF THE TEXAS RULES OF APPELLATE PROCEDURE ════════════════════════════════════════════════════
ORDERED that:
1. By order dated June 18, 2018, in Misc. Docket No. 18-015, the Court of Criminal Appeals proposed amendments to Appendix F of the Texas Rules of Appellate Procedure and invited public comments. This joint order contains the final version of the amendments, which are effective December 1, 2018.
2. The Clerk is directed to:
a. file a copy of this order with the Secretary of State;
b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this order to each elected member of the Legislature; and
d. submit a copy of the order for publication in the Texas Register.
Dated: November 5, 2018.
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ourt IN THE COURT OF CRIMINAL APPEALS OF TEXAS C
őőőőőőőőőőőőőőőőőőőő Nathan L. Hecht, Chief Justice Misc. Docket No. 18-025 őőőőőőőőőőőőőőőőőőőő
őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő Paul W. Green, Justice ORDER AMENDING APPENDIX F OF THE TEXAS RULES OF APPELLATE PROCEDURE őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő
Phil Johnson, Justice ORDERED that:
1. On June 18, 2018, the Court of Criminal Appeals signed Miscellaneous Docket Order 18-015
proposing amendments to Appendix F of the Rules of Appellate Procedure and invited public Eva M. Guzman, Justice comments. The public comment period has expired.
2. The Court has reviewed any comments. This order incorporates all revisions and contains the
final version of these rule amendments. Debra H. Lehrmann, Justice 3. Pursuant to section 22.108 of the Texas Government Code, the Court of Criminal Appeals amends Appendix F of the Rules of Appellate Procedure. The amendments will take effect on
December 1, 2018. Jeffrey S. Boyd, Justice 4. The Clerk is directed to:
a. file a copy of this order with the Secretary of State; John P. Devine, Justice b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
JeffreyJeffrey V.V. Brown,Brown, JJusticeustice c. send a copy of this order to each elected member of the Legislature; and
d. submit a copy of the order for publication in the Texas Register. ______
JamesJames D.D Blacklock,Blacklock, Justice
Dated: October 30, 2018.
Misc. Docket No. 18-9154 Page 2
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R IN THE COURT OF CRIMINAL APPEALS OF TEXAS ules ,
őőőőőőőőőőőőőőőőőőőő Nathan L. Hecht, Chief Justice Misc. Docket No. 18-025 őőőőőőőőőőőőőőőőőőőő
őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő Paul W. Green, Justice ORDER AMENDING APPENDIX F OF THE TEXAS RULES OF APPELLATE PROCEDURE őőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőőő
Phil Johnson, Justice ORDERED that:
1. On June 18, 2018, the Court of Criminal Appeals signed Miscellaneous Docket Order 18-015
proposing amendments to Appendix F of the Rules of Appellate Procedure and invited public Eva M. Guzman, Justice comments. The public comment period has expired.
2. The Court has reviewed any comments. This order incorporates all revisions and contains the
final version of these rule amendments. Debra H. Lehrmann, Justice 3. Pursuant to section 22.108 of the Texas Government Code, the Court of Criminal Appeals amends Appendix F of the Rules of Appellate Procedure. The amendments will take effect on
December 1, 2018. Jeffrey S. Boyd, Justice 4. The Clerk is directed to:
a. file a copy of this order with the Secretary of State; John P. Devine, Justice b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
JeffreyJeffrey V.V. Brown,Brown, JJusticeustice c. send a copy of this order to each elected member of the Legislature; and
d. submit a copy of the order for publication in the Texas Register. ______
JamesJames D.D Blacklock,Blacklock, Justice
Dated: October 30, 2018.
Misc. Docket No. 18-9154 Page 2
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______MichaelMichaea l Keasler, JudgJudgee
______BarbaraBaB rbbara Hervey, JudgeJudge
______Elsa Alcala, JudgeJudge
______BertBeB rt Richardson, Judge
______Kevin P. Yeary,Yeary, JudgeJudge
______DavidDavid Newell,Newell, JudgeJudge
______MaryMaM ry LLouou Keel,Keee l, JudgeJudgeg
______SScott Walker, lk Judge d
Misc. Docket No. 18-025 Page 2
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R APPENDIX F ules IN THE COURT OF CRIMINAL APPEALS OF TEXAS , ______CLERK’S SUMMARY SHEET FOR Sharon Keller, Presiding Judge POSTCONVICTION APPLICATIONS FOR WRIT OF HABEAS CORPUS UNDER CODE OF CRIMINAL PROCEDURE, ARTICLES 11.07 AND 11.071 Application for Writ of Habeas Corpus ______MichaelMichaea l Keasler, JudgJudgee Ex Parte______from______County (Name of Applicant) ______Court
______TRIAL COURT WRIT NO.______BarbaraBaB rbbara Hervey, JudgeJudge APPLICANT’S NAME (As reflected in judgment):______OFFENSE (As reflected in judgment):______CAUSE NO. (As reflected in judgment):______Elsa Alcala, JudgeJudge PLEA: ______GUILTY______NOT GUILTY SENTENCE:______DATE:______(Terms of years reflected in judgment) ______BertBeB rt Richardson, Judge TRIAL DATE:______TRIAL JUDGE’S NAME (Judge presiding at trial):______APPEAL NO. (If applicable):______CITATION TO OPINION (If applicable): ______S.W.3d______Kevin P. Yeary,Yeary, JudgeJudge HEARING HELD: _____YES_____NO (Pertaining to the application for writ of habeas corpus) ______FINDINGS & CONCLUSIONS ENTERED BY HABEAS JUDGE: ____YES____NO (Pertaining to the application for writ of habeas corpus) DavidDavid Newell,Newell, JudgeJudge RECOMMENDATION: _____GRANT ______DENY ______DISMISS _____NONE (Habeas judge’s recommendation regarding application for writ of habeas corpus) ______HABEAS JUDGE’S NAME: ______MaryMaM ry LLouou Keel,Keee l, JudgeJudgeg (Judge presiding over habeas corpus proceeding) NAME OF HABEAS COUNSEL IF APPLICANT IS REPRESENTED:______
______I certify that all applicable requirements of Texas Rule of Appellate Procedure 73.4 have been complied with SScott Walker, lk Judge d in this habeas proceeding, including the requirement to serve on all the parties in the case any objections, motions, affidavits, exhibits, proposed findings of fact and conclusions of law, findings of fact and conclusions of law, and any other orders entered or pleadings filed in the habeas case.
______Signature of District Clerk or Clerk’s Representative Date Signed
Misc. Docket No. 18-025 Page 2 Misc. Docket No. 18-025 Page 3
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