Tex. R. App. P. 3.2
In documents filed in criminal appeals, the parties are the State and the appellant. But if the State has appealed under Article 44.01 of the Code of Criminal Procedure, the defendant is the appellee. Otherwise, papers should use real names for parties, and such labels as appellee, petitioner, respondent, and movant should be avoided unless necessary for clarity. In habeas corpus proceedings, the person for whose relief the writ is requested is the applicant; Code of Criminal Procedure article 11.13.
Tex. R. App. P. 3.2
Notes and Comments
Comment to 1997 change: The definition of court below and the reference to "suing out a writ of error to the court of appeals," are deleted as those terms are no longer used in these rules. Other changes are made.