Opinion
05-22-00412-CR
08-12-2022
ROGER DUMON ALLISON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F21-75258-T
ORDER
BILL PEDERSEN, III JUSTICE
On August 11, 2022, the entire 269-page clerk's record was filed as a sealed record. The clerk's record contains no sealing order.
Rule 9.10(g) provides:
A court may also order that a document be filed under seal in paper form or electronic form, without redaction. The court may later unseal the document or order the filer to provide a redacted version of the document for the public record. If a court orders material sealed, whether it be sensitive data or other materials, the court's sealing order must be affixed to the outside of the sealed container if the sealed material is filed in paper form, or be the first document that appears if filed in electronic form. Sealed portions of the clerk's and reporter's records
should be clearly marked and separated from unsealed portions and tendered as separate records, whether in paper form or electronic form. Sealed material shall not be available either on the internet or in other form without court order.Tex. R. App. P. 9.10(g) (emphasis added).
To the extent any documents were sealed by a court order, those documents must be filed in a separate sealed volume along with a copy of the trial court's order. Documents that are not subject to a sealing order may not be filed in a sealed clerk's record.
We STRIKE the August 11, 2022 sealed clerk's record. We ORDER Dallas County District Clerk Felicia Pitre to file proper clerk's records, i.e., an unsealed volume of the clerk's record with all of the unsealed documents of the case and, if appropriate, a sealed volume of the clerk's record with the trial court's sealing order and the sealed documents WITHIN TEN DAYS OF THE DATE OF THIS ORDER.
We DIRECT the Clerk to send copies of this order to the Honorable Lela Mays, Presiding Judge, 283rd Judicial District Court; to Felicia Pitre, Dallas County District Clerk; and to counsel for all parties.