Opinion
05-24-00052-CR
09-11-2024
BYRON NELSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F22-55497
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
We REINSTATE this appeal.
We abated this appeal for the trial court to make findings concerning appellant's brief. The brief was originally due May 26, 2024, and we abated the case for findings because appellant's counsel, J. Daniel Oliphant, had not responded to this Court's orders and notice concerning the brief.
The trial court found that Mr. Oliphant had not abandoned the appeal and that his failure to file the brief timely was "due to an extensive trial and appellate docket. Mr. Oliphant has turned down both court appointments and hired work to get caught up on this and other appeals." The trial court recommended "that the Court of Appeals grant Mr. Oliphant until December 6, 2024, to file appellant's brief."
We accept the trial court's findings, but we do not accept the trial court's recommendation. The brief is currently more than three months overdue, and it will be more than six months overdue on December 6, 2024. Considering the size of the record in this case and its apparent complexity, that length of delay is unacceptable.
We ORDER Mr. Oliphant to file appellant's brief on or before OCTOBER 14, 2024. If Mr. Oliphant reasonably believes he cannot file the brief in that time, he should, without further delay, file a motion to withdraw from representing appellant and request this Court to abate the appeal for the appointment of new counsel. Furthermore if Mr. Oliphant has not filed the brief by October 14, 2024, this Court may order Mr. Oliphant removed from representing appellant in this appeal and abate the appeal for the trial court to appoint new counsel for appellant.
We DIRECT the Clerk to send copies of this order to the Honorable Brandon Birmingham, Presiding Judge, 292nd Judicial District Court; and counsel for all parties.