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State appeal - Ruling on Law

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April 29, 2004, 10:52
Gordon LeMaire
State appeal - Ruling on Law
Defendant is convicted and appeals. He has his issues. During trial the court made some rulings on questions of law.

I am considering cross appeal on a couple of rulings the trial court made in the case under 44.01(c). Before I go to deep into research, any general thoughts on this. Is this generally a good idea or a bad idea?
April 29, 2004, 12:49
david curl
My only thought is that you probably need to file a notice of appeal if you plan to do a cross point. See Strong v. State, 87 S.W.3d 206
Tex.App.-Dallas 200, pet. ref'd)(discussing split in courts of appeals). I don't think the cca has resolved this yet but indications don't look good. See McClinton v. State, 121 S.W.3d 768
(Tex. Crim. App. 2003)
April 30, 2004, 07:51
John Stride
A few years ago, while in Tarrant County, I cross-appealed where the trial judge had found indigent for appeal purposes an anything-but-indigent defendant. During trial, the record established that the defendant had a yard full of used cars for sale -- good work by the trial attorneys! The case was sent back to the trial court to redetermine indigency. By that time, however, the defendant no longer had any assets.

The purpose of the appeal was to show the CRIMINAL district judge(who tried to sentence people to DPS, didn't know what Miranda was about, and tried to ignore a call from then P.J. McCormick that a case had been stayed) that he had to follow the law. (Thankfully, he disappeared into obscurity shortly afterwards). Back then, we did not file a NOA, but I wholeheartedly agree with David C. that one should be filed these days-unless you also want take that procedural issue to the CCA!