Diawannah Corteasher Thomas v. the State of Texas
Diawannah Corteasher Thomas v. the State of Texas
Opinion
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Diawannah Corteasher Thomas v. The State of Texas Appellate case numbers: 01-21-00523-CR, 01-21-00524-CR Trial court case numbers: 1661383, 1661384 Trial court: 208th District Court of Harris County On May 3, 2022, appellant, Diawannah Corteasher Thomas, filed a second motion for extension of time to file her appellate briefs in each of the above-referenced appeals. Appellant’s motions are granted. Appellant’s brief in each of the above-referenced cases is due June 1, 2022. No further extensions will be granted.
When an appellant in a criminal case fails to file a brief, Texas Rule of Appellate Procedure 38.8(b) requires the appellate court to issue an order directing the trial court to hold a hearing and make certain findings. TEX. R. APP. P. 38.8(b)(2)-(3). If the trial court finds that appellant no longer desires to prosecute the appeal, or that appellant is not indigent but has not made the necessary arrangements for filing a brief, the Court may consider the appeal without briefs. Id. at 38.8(b)(4). Accordingly, if appellant’s briefs are not filed by June 1, 2022, the cases will be abated and remanded for a hearing to determine (a) whether appellant desires to prosecute her appeals; (b) whether appellant is indigent; (c) if not indigent, whether appellant or appellant’s counsel has abandoned the appeals; (d) the reason for appellant’s failure to file briefs in the appeals; and (e) if the appellant desires to continue the appeals, a date certain when appellant’s briefs will be filed.
It is so ORDERED.
Judge’s signature: _________/s/ Julie Countiss____________ Acting individually
Date: May 10, 2022
Case-law data current through December 31, 2025. Source: CourtListener bulk data.