Opinion
No. 04-12-00237-CR
2013-10-15
Phillip Wayne GRIFFIS, Appellant v. The STATE of Texas, Appellee
From the 7th District Court, Smith County, Texas
Trial Court No. 007-1767-08
The Honorable Kerry L. Russell, Judge Presiding
ORDER
Pro se Appellant filed his opening brief on May 30, 2013. After the State filed its brief, Appellant filed a reply brief on August 8, 2013. This appeal has been set for submission on briefs on November 6, 2013.
On September 25, 2013, Appellant filed a motion to compel the Texas Department of Criminal Justice—Institutional Division to comply with our March 25, 2013 order "to provide Appellant with reasonable opportunities to (1) view the video recordings and (2) access all of the appellate record." See TEX. R. APP. P. 34.1 (appellate record defined). See generally Thomas v. Brown, 927 S.W.2d 122, 126 (Tex. App.—Houston [14th Dist.] 1996, writ denied).
Our March 25, 2013 order remains in effect: TDCJ-ID must provide Appellant reasonable access to all of the appellate record including the DVDs. See id. at 125-26.
Appellant's motion to compel specific actions by specific TDCJ-ID personnel at specific times is DENIED. See id.; see also id. at 125 ("A prisoner contending that his right of access to the courts was violated because of inadequate access to a law library must establish two elements: (1) the access was so limited as to be unreasonable and (2) the inadequate access caused him actual injury.").
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of October, 2013.
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Keith E. Hottle
Clerk of Court