Christopher Lavell McFadden v. State

CourtCourt of Appeals of Texas
DecidedMarch 14, 2019
Docket02-19-00017-CR
StatusPublished

This text of Christopher Lavell McFadden v. State (Christopher Lavell McFadden v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Christopher Lavell McFadden v. State, (Tex. Ct. App. 2019).

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-19-00017-CR No. 02-19-00018-CR No. 02-19-00019-CR ___________________________

CHRISTOPHER LAVELL MCFADDEN, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 367th District Court Denton County, Texas Trial Court Nos. F16-2699-367, F16-2700-367, F16-2701-367

Before Gabriel, Kerr, and Pittman, JJ. Memorandum Opinion by Justice Gabriel MEMORANDUM OPINION

Appellant Christopher Lavell McFadden attempts to appeal from the trial

court’s order denying his motion to stay and to compel production arising from

McFadden’s postconviction writ of habeas corpus. See Tex. Code Crim. Proc. Ann.

art. 11.07. We notified McFadden of our concern that we lack jurisdiction to review

the trial court’s order because it pertains to his postconviction writ. See Tex. R. App.

P. 44.3; Bd. of Pardons & Paroles ex rel. Keene v. Ct. of Appeals for Eighth Dist., 910 S.W.2d

481, 483 (Tex. Crim. App. 1995) (per curiam) (orig. proceeding). McFadden

responded but did not raise any jurisdictional authority to continue this appeal. We

do not have jurisdiction over McFadden’s attempted appeal, and we dismiss it for

want of jurisdiction. See Tex. R. App. P. 43.2(f).

/s/ Lee Gabriel Lee Gabriel Justice

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: March 14, 2019

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Related

Board of Pardons & Paroles Ex Rel. Keene v. Court of Appeals for the Eighth District
910 S.W.2d 481 (Court of Criminal Appeals of Texas, 1995)

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