Opinion
01-23-00728-CR
02-01-2024
Ex parte Corey Davison
Trial court: 178th District Court of Harris County, Trial court case number: 1822734.
ORDER
Amparo Monique Guerra, Judge.
The State of Texas filed a notice of appeal from the trial court's September 29, 2023 order granting an application for writ of habeas corpus filed by appellee, Corey Davison.This appeal was abated pursuant to a December 28, 2023 order of this Court for the trial court to hold a hearing to make certain findings regarding the appellate record. After the trial court held the hearing ordered this Court, the State moved to reinstate the case.
In addition to granting the application for writ of habeas corpus, the trial court also dismissed with prejudice the underlying case under which Davison was charged, trial court case number 1764779. The State has also filed a notice of appeal of the trial court's dismissal in the underlying trial court case number, which is pending in this Court as appellate case number 01-23-00729-CR.
After the case was reinstated by the Court, the State sought leave to file a post-abatement brief "explaining how the abatement record affects (or, in this case, does not affect)" the appeal. Contemporaneously with the filing of its motion, the State filed its post-abatement brief, which totaled only "1,960 words, leaving the State's combined briefing in this case at fewer than 6,000 words." The Court granted the State's request for leave and accepted the State's post-abatement brief as filed on January 23, 2024.
Davison has filed a "Motion [for] Leave to File Post-Abatement Brief" in response to the State's post-abatement brief. Davison requests that he be permitted to file his post-abatement brief within twenty days of the State's post-abatement brief.
Davison's motion for leave to file a post-abatement brief is granted. Any post-abatement brief of Davison is due on or before February 12, 2024. The total word count of any post-abatement brief of Davison, combined with the total word count of his December 21, 2023 brief must not exceed the word limits for an opening brief of a party as set by the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.4(i)(2)(B).
It is so ORDERED.