Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 02-20-2021

Case Style:

Ex parte David G. Scott

Case Number: 07-20-00324-CR

Judge: Per Curiam

Court: Court of Appeals Seventh District of Texas at Amarillo

Plaintiff's Attorney: Devin Falck
Jose Garza
Margaret M. Moore

Defendant's Attorney:


Free National Lawyer Directory


OR


Just Call 855-853-4800 for Free Help Finding a Lawyer Help You.



Description:

Amarillo, TX - David G. Scott, proceeding pro se is appealing from the trial court’s purported order denying his “Application for Writ of Habeas Corpus Reduction of Excessive Bail.”.



In January 2020, appellant was indicted and arrested for burglary of a habitation.
See TEX. PENAL CODE ANN. § 30.02(c)(2) (West 2019). On February 4, 2020, appellant
filed an application for writ of habeas corpus in the trial court requesting immediate
1 Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the
Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001
(West 2013).
2
release from Travis County Jail or a reduction of his bail. Though the record does not
contain a trial court order ruling on appellant’s application, appellant filed this appeal.
This Court has jurisdiction to consider an appeal from a judgment of guilt or where
appellate jurisdiction has been expressly granted by law. See Abbott v. State, 271 S.W.3d
694, 696-97 (Tex. Crim. App. 2008). Though we may review the denial of an application
seeking pretrial habeas relief, our appellate jurisdiction depends on the entry of a signed
written order. See Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159
S.W.3d 645, 649-50 (Tex. Crim. App. 2005) (orig. proceeding); Broussard v. State, No.
01-10-00458-CR, 2010 Tex. App. LEXIS 8360, at *5 (Tex. App.—Houston [1st Dist.] Oct.
14, 2010, no pet.) (per curiam) (mem. op., not designated for publication) (dismissing
appeal for want of jurisdiction where record did not contain written order denying
appellant’s pretrial habeas application).
By letter of November 30, 2020, we notified appellant that it did not appear the trial
court had entered an appealable judgment or order and directed him to show how we
have jurisdiction over the appeal. Appellant has filed a response but has not
demonstrated grounds for continuing the appeal.

Outcome: Because appellant has not presented this Court with a written order disposing of
his application for writ of habeas corpus, we dismiss the appeal for want of jurisdiction

Plaintiff's Experts:

Defendant's Experts:

Comments:



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: