Michael Wayne Osborne v. State
Michael Wayne Osborne v. State
Opinion
On November 10, 2005, we informed the parties that our jurisdiction was not apparent from the notices of appeal, and notified them that the appeals would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeals. The appellant filed a response, but failed to articulate a valid basis for jurisdiction in that response.
The notices of appeal seek to appeal the denial of motions to recuse filed in two criminal prosecutions. The trial court's denials of these motions are not appealable at this time. See Tex. R. Civ. P. 18a(f)(denial of motion to recuse is reviewed on appeal from the final judgment); Arnold v. State, 853 S.W.2d 543, 544 (Tex. Crim. App. 1993)(civil rule governing recusal motions applies in a criminal case).
Accordingly, we hold the orders from which the appellant appeals are not appealable. The appeals are dismissed for want of jurisdiction.
APPEALS DISMISSED FOR LACK OF JURISDICTION.
___________________________
DAVID GAULTNEY
Justice
Opinion Delivered January 4, 2006
Do Not Publish
Before McKeithen, C.J., Kreger and Gaultney, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.