March 25, 2008, 09:41
pkdyerGuilty Pleas
Does anyone send a motion to dismiss before the records are filed? I have not done this before, and usually I find that the 11th CoA, as soon as they get the Clerk's record, send a letter stating appellant must show why this cause should not be dismissed? It certainly would save some paperwork if we just got a copy of the waivers, stips, and cert of appeal and sent it to the CoA w/ a motion to dismiss? Would this be within the TRAP to file prior to the records being filed?
March 25, 2008, 10:08
JohnRI have been looking into moving to dismiss before records are filed when the certification of right to appeal is not filed. We have a number of cases where it just hasn't gotten done despite numerous prompts from the court of appeals.
March 25, 2008, 11:28
kyearyOur Court (4th COA) seems to screen the cases for the most part, and sends out show cause orders without prompting by us.
March 25, 2008, 14:13
JohnRYeah, I noticed 4th coa and 9th coa were very proactive on certifications indicating waiver of appeal or no right to appeal.