June 17, 2008, 19:36
RobertJudgment of Acquittal After Reversal on Appeal
I lost an appeal. The appellate court issued a mandate: We reverse the trial court's judgment and render a judgment of acquittal. Is that the end of the matter? Or, do I need to draft a judgment reflecting the appellate court's ruling? This sounds like a dumb question, but I don't deal with this often. Thank you in advance for any assistance.
Leave that to the trial court. To do otherwise just sounds like pouring salt into the wound.
I would think the Trial Court will probably have you do an order after mandate.
I haven't done one for a dismissal/ acquital. But I've had to do them for random other things.
Plus, I'm pretty sure we're on borrowed time on a conviction right now. So, please post an update of what you end up doing.
June 18, 2008, 10:16
John BrasherThere's nothing you need to do. See Tex. R. App. P. 51.2(d)
June 19, 2008, 08:28
RobertI guess there is no substitute for reading the rules. Thank you for your responses.