TDCAA TDCAA Community Criminal Any issues with a JP Judge having defendants waive their right to appeal?
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Our JP Judge introduced a new "Waiver of Appellate Rights" document in which the defendant waives any right to appeal the courts judgement. It is signed in all cases, whether a plea bargain exists or not. I'm not sure if this is standard practice in other counties and I don't do a lot of JP prosecution, but I was under the impression there was some sort of 10 day automatic appeal to County Court at Law provision. Any thoughts on a JP Judge having them sign a appellate waiver? | ||
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"Signed in all cases"? I am thinking the most immediate issue may be one with the State Commission on Judicial Conduct. | |||
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Art. 45.052 CCP provides for appeals from JP courts up to CCLs. It is a trial de novo in the CCL. It's certainly not standard procedure -- or a procedure in any way, shape or form -- here and not something I've heard from elsewhere, either. Bad juju, seems to me. | |||
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TDCAA TDCAA Community Criminal Any issues with a JP Judge having defendants waive their right to appeal?
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