The Second Court of Appeals issued what could be its last "adjusted" opinion under TRAP 50 on August 4. Steven Keith Green, No. 02-10-00082-CR. How many more of these are we likely to see before the Oct. 31 deadline?
Green is also interesting because the opinion of the court is quite arguably found in Justice McCoy's concurring opinion. Two judges found the trial court's evidentiary ruling was error, while Justice Walker was just willing to assume it was error. Kind of interesting also that the law was unclear enough to require a change in the original opinion, yet did not involve anything worthy of publication.
The CCA has issued another revision to the Rules of Appellate Procedure. See Misc Docket No. 11-005, signed September 30, 2011 (not yet posted on the CCA website).
Effective immediately, the Trial Court's Certification of Appeal--attached as the appendix to the Texas Rules of Appellate Procedure--has been changed to reflect the recent change in practice of filing PDRs in the CCA. In the middle paragraph of the certification document, immediately before the reference to Tex. R. App. P. 68.2, the "Court of Criminal Appeals" has been substituted for the "court of appeals."
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