Opinion

Jackson v. TEXAS BD. OF PARDONS AND PAROLES

  • 178 S.W.3d 272
  • 2005 Tex. App. LEXIS 5894
  • 2005 WL 1774971
Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jul 28, 2005
Status
Published
Author
Taft
On the bench
Evelyn v. Keyes
Cited by
38 cases

holding that appellant is not required to comply with section 14.004(a)(1) to appeal

How later courts described this case

  • holding that appellant is not required to comply with section 14.004(a)(1) to appeal
  • holding procedural requirements of section 14.004 inapplicable to appellate filings

Written by the judges who cited it.

The opinion

TIM TAFT, Justice,

concurring.

I concur with the majority opinion in all but its implication that rule 20.1(c)(1) of the Texas Rules of Appellate Procedure allows a party to file his affidavit of indi-gency on the same day as his notice of appeal in order to satisfy the requirement of the rule that the affidavit of indigency be filed “with or before” the notice of appeal. See Tex.R.App. P. 20.1(c)(1). Nevertheless, because our records demonstrate that appellant’s notice of appeal was filed in this Court at 9:41 a.m. on August 18, 2003 and that appellant’s affidavit of indigency was filed in the trial court at 9:42 a.m. on August 18, 2003, I would hold that this was sufficiently close in time to constitute the documents’ having been filed “with” one another, even though they were filed in different courts.

Accordingly, I respectfully concur in the majority’s opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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