August 20, 2009, 12:42
Dee BelknapProcedendo
Ok - Judge told us today to send an appeal back to the JP Court on Procedendo... it was timely filed, the County Court has jurisdiction. Can I do this?
July 05, 2012, 15:55
Etta WarmanPlease could you be a bit more specific?
This has just arisen in our county, also.
At first it was resolved we would handle these by having the defendant withdraw the appeal and the the JP Court would proceed with judgment. However, the JP now says that because the appeal creates a trial de novo in the County Court at Law, that's not the solution, as his jurisidiction is ended. Period.
Please advise. Thanks.
July 05, 2012, 23:07
mmccarthyWe do it occasionally in Bell county. The Defendant files the motion and the Prosecutor signs off on it. The Judge signs he motion and all the paperwork is sent back to the JP court. The idea we have is that the appeal is abated and the JP court reacquires jurisdiction. Since the defendant pled guilty or nolo however, that stands and the Defendant pays the JP fine and costs.
July 06, 2012, 13:31
Clay A.Ryan Turner has written what I consider to be the definitive article on this issue. Go here and page down to the article here.
http://www.tmcec.com/public/fi...der/2004/NL_0504.pdfJuly 09, 2012, 09:58
A. DiamondClay, that is an excellent article.
July 09, 2012, 10:45
Etta WarmanYes; thanks very much. Quite informative.