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In re Graves

State of Texas in the Fourteenth Court of Appeals
Nov 30, 2017
NO. 14-17-00771-CV (Tex. App. Nov. 30, 2017)

Opinion

NO. 14-17-00771-CV

11-30-2017

IN RE COMMITMENT OF JOHN ARTHUR GRAVES


On Appeal from the 435th District court Montgomery County, Texas
Trial Court Cause No. 12-05-05201-CV

ABATEMENT ORDER

Appellant, a person subject to civil commitment under chapter 841 of the Texas Health and Safety Code, is not represented by counsel. On November 17, 2017, appellant requested to proceed without payment of costs. Additionally, a review of the clerk's record shows appellant requested appointment of counsel in the trial court on September 21, 2017. This court is unaware whether appellant is entitled to appointment of counsel and to proceed without the payment of costs. See Tex. R. App. P. 37.3(c)(2)(B). Accordingly, we enter the following order. See Tex. R. App. P. 35.3(c).

A person subject to a civil commitment proceeding has a statutory right to counsel on appeal. Tex. Health & Safety Code Ann. § 841.144.

We ORDER the judge of the 435th District Court to immediately conduct a hearing at which appellant and counsel for the Texas Civil Commitment Office shall be present to determine whether appellant is entitled to proceed without payment of costs and whether appellant is entitled to appointment of counsel.

If the trial court finds that appellant is entitled to proceed without payment of costs and entitled to appointment of counsel, the court shall appoint counsel to represent him. A supplemental clerk's record containing the appointment of counsel, if warranted, shall be filed with the clerk of this court on or before December 29, 2017.

If the trial court determines that the appellant is not entitled to proceed without payment of costs, the court shall advise this court in writing of the court's decision.

The trial judge shall see that a record of any hearing is made, shall make findings of fact and conclusions of law, and shall order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing the findings and conclusions. Those records shall be filed with the clerk of this court on or before December 29, 2017.

The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and recommendations are filed in this court. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in compliance with this court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.

PER CURIAM


Summaries of

In re Graves

State of Texas in the Fourteenth Court of Appeals
Nov 30, 2017
NO. 14-17-00771-CV (Tex. App. Nov. 30, 2017)
Case details for

In re Graves

Case Details

Full title:IN RE COMMITMENT OF JOHN ARTHUR GRAVES

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Nov 30, 2017

Citations

NO. 14-17-00771-CV (Tex. App. Nov. 30, 2017)