Opinion
NO. WR-78,124-02
07-14-2021
IN RE Rick Allan RHOADES, Applicant
David R. Dow, Houston, Jeff Newberry, for Applicant.
David R. Dow, Houston, Jeff Newberry, for Applicant.
Newell, J., filed a dissenting opinion in which Richardson, J., joined.
There seems to be an impasse in this case. Applicant seeks a ruling on an Article 35.29 motion in the trial court to unseal juror information. Apparently, Applicant intends to file a subsequent application for a writ of habeas corpus and he needs the information that is the subject of the motion for that purpose. The trial court seems to take the position that it lacks the authority to rule on the motion. In this instance, the prudent course would be to ask the trial court for a response before we decide whether to deny leave to file or even file and set for an opinion. Because the Court does not, I respectfully dissent.
See Tex. Code Crim. Proc . art. 35.29(b) ("On application by a party in the trial, or on application by a bona fide member of the news media acting in such capacity, to the court for the disclosure of [jurors’ personal information], the court shall, on a showing of good cause, permit disclosure of the information sought."); see also Valle v. State , 109 S.W.3d 500, 509 (Tex. Crim. App. 2003) (noting that unsealing jurors’ personal information for the purposes of filing a motion for new trial requires a showing of good cause); Taylor v. State , 461 S.W.3d 223, 230 (Tex. App.—Houston [1st Dist.] 2015, pet. ref'd) (applying Article 35.29 to a post-trial motion); Cyr v. State , 308 S.W.3d 19, 29 (Tex. App.—San Antonio 2009, no pet.) (same).
Newell, J., filed a dissenting opinion in which Richardson, J., joined.