After Mark's post, nothing could be interesting.

Presently, the certificate of appeal forms do not address every possible scenario. I understand the rules committee is contemplating changes.

Meanwhile......
What has been done in your jurisdiction with the certificates of appeal? Do your courts use the standard form in the Rules of Appellate Procedure? Are your forms modified in any way? How are your courts handling variations from the listed items, e.g., the facts of the Hargesheimer case from the CCA on Jan 18.

We have incorporated the certificate into our waiver of rights form. The judge was getting tired of signing in multiple places so we basically put everything in one document. We didn�t modify the form itself though.

I just did oral argument on an appeal from deferred (12/2003), denial of MNT (1/2004) based on new evidence, involuntary plea (didn't know he was still on parole) (btw trial court granted a hearing on this even though he was not entitled to a MNT per Donovan, 68 SW3d 633), adjudicated (5/2005). The appellate defense attorney put a certificate of appeal saying it was not a plea bargain case and the trial court signed it. Her argument was that it should refer back to the original deferred and override his initial cert of appeal which was no appeal - plea bargain. Thank heavens Hargesheimer came down - gave strength to my argument. To avoid future problems I am going to suggest that on adjudication the trial court signs a modified cert of appeal that states the appeal is limited to the adjudicatin hearing as set forth in 42.12sec5.