Opinion
05-21-01044-CR
12-07-2021
EX PARTE JUSTIN LEE PARKER
On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. WX21-92818-Q
ORDER
DENNISE GARCIA, JUSTICE.
The Court is in receipt of appellant's pro se notice of appeal from the trial court's order denying relief on his application for writ of habeas corpus challenging his extradition. This is an accelerated appeal governed by Texas Rule of Appellate Procedure 31.
We ORDER the trial court to prepare a certification of appellant's right to appeal and to file it with the clerk's record.
We ORDER the Dallas County District Clerk to file the clerk's record by December 23, 2021. We ORDER that the clerk's record contain copies of the governor's warrant and supporting papers related to appellant's extradition, the application for writ of habeas corpus, any response to the writ application filed by the State, any other documents related to the writ application, the trial court's order ruling on the writ application, any findings of fact on the writ application that the trial court has entered, the trial court's certification of the right to appeal, and any other documents filed with the clerk that the parties request.
If appellant has requested a reporter's record of the hearing on the writ application, we ORDER the court reporter to file the reporter's record by December 23, 2021. If appellant has not requested a reporter's record or no hearing was conducted on the writ application, we order the court reporter to file, by December 23, 2021, written verification that no reporter's record will be filed in this case.
We ORDER appellant to file his brief, if any, within FOURTEEN DAYS of the filing of the record. We note that the copy of the order filed with the notice of appeal is a proposed order not signed by the trial court. If the clerk's record filed does not include a final, written order signed by the trial court, appellant is FURTHER ORDERED to explain in his brief the basis for the Court's jurisdiction over the appeal. If no final, written order is submitted by the end of the briefing period and appellant does not explain satisfactorily the basis for the Court to exercise jurisdiction, the Court may, without further notice, dismiss the appeal for want of jurisdiction.
We ORDER the State to file its response brief, if any, within FOURTEEN DAYS of the filing of appellant's brief.
If briefs are not timely filed by the due date, the Court will order the case submitted without briefing. After the record and any briefs have been filed, the Court will notify the parties of the submission date and panel.
We DIRECT the Clerk to send copies of this order to the Honorable Tammy Kemp, Presiding Judge, 204th Judicial District Court; Kendra L. Thibodeaux, official court reporter, 204th Judicial District Court; Felicia Pitre, Dallas County District Clerk; Justin Lee Parker, pro se appellant; Paul J. Blocker, Jr., appointed trial counsel; Russell J. Anderson, Jr., Dallas County Assistant District Attorney; and John Creuzot, Dallas County District Attorney.