Opinion
CAUSE NO. 12-16-00143-CR
07-12-2016
ANN CATHERINE REESE, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM COUNTY COURT AT LAW IN AND FOR SMITH COUNTY, TEXAS
ORDER
Appellant has filed a motion requesting an evidentiary hearing to determine where the juror information forms in this case are located, why they were not included in the trial court's file, and why they were not included in the clerk's record or supplemental clerk's record as designated by Appellant. After duly considering Appellant's motion, the Court is of the opinion that it should be granted. Accordingly,
IT IS HEREBY ORDERED that Appellant's motion for an evidentiary hearing is granted and the appeal is abated and remanded to the trial court for a hearing on the matters set forth in Appellant's motion.
IT IS FURTHER ORDERED that, in addition to the matters set forth in Appellant's motion, the trial court shall determine whether Appellant must show "good cause" before the clerk's record may be supplemented by inclusion of the juror information forms. See TEX. CODE CRIM. PROC. ANN. art. 35.29(b) (West Supp. 2015) (requiring application of party or bona fide member of news media and showing of good cause before disclosure of information about person serving as a juror); Valle v. State, 109 S.W.3d 500, 509 (Tex. Crim. App. 2003).
IT IS FURTHER ORDERED that the trial court, after considering the applicability of Article 35.29, shall determine whether the clerk's record should be supplemented by the inclusion of all or any of the juror information forms sought by Appellant.
IT IS FURTHER ORDERED that if it finds supplementation is required, the trial court shall sign a written order directing the trial court clerk to (1) prepare a supplemental clerk's record including the juror information forms to which the court has determined Appellant is entitled to access and (2) file it with the clerk of this Court. If the court finds that no supplementation of the clerk's record is required, the court shall sign a written order to that effect. The trial court shall also make written findings of fact and conclusions of law pertaining to its order.
IT IS FURTHER ORDERED that, regardless of whether supplementation is ordered, the trial court shall cause the trial court clerk (1) to prepare a supplemental clerk's record containing a copy of the court's order and its findings of fact and conclusions of law and (2) to file such supplemental record with the clerk of this Court within thirty days after the date of this order.
IT IS FINALLY ORDERED that the trial court shall cause the court reporter to prepare and file a supplemental reporter's record of the abatement hearing with the clerk of this Court within thirty days after the date of this order.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12 Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this the 12th day of July 2016, A.D.
PAM ESTES, CLERK
12 COURT OF APPEALS
By: /s/_________
Katrina McClenny, Chief Deputy Clerk