Demarcus Dewayne Latimore v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 10, 2022
• Docket: 06-21-00074-CR
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-21-00074-CR

DEMARCUS DEWAYNE LATIMORE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 102nd District Court Bowie County, Texas Trial Court No. 18F1384-102

Before Morriss, C.J., Stevens and Carter,* JJ.

___________ *Jack Carter, Justice, Retired, Sitting by Assignment ORDER

Our review of the clerk’s record and court reporter’s record in this matter indicates that

such records contain un-redacted “sensitive data” as that phrase is defined in Rule 9.10 of the

Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.10(a). Sensitive data includes “a

birth date, a home address, and the name of any person who was a minor at the time the offense

was committed.” TEX. R. APP. P. 9.10(a)(3). The clerk’s record and volumes one and eleven

through thirteen of the reporter’s record include the names of persons who were minors at the

time the offense was committed. Rule 9.10(b) states, “Unless a court orders otherwise, an

electronic or paper filing with the court, including the contents of any appendices, must not

contain sensitive data.” TEX. R. APP. P. 9.10(b).

Rule 9.10(f) provides, “A court may also order that a document be filed under seal in

paper form or electronic form, without redaction.” TEX. R. APP. P. 9.10(f). Therefore, because

the clerk’s record and volumes one and eleven through thirteen of the reporter’s record contain

un-redacted sensitive data, we order the clerk of this Court, or her appointee, in accordance with

Rule 9.10(f), to seal the electronically filed clerk’s record and volumes one and eleven through

thirteen of the reporter’s record in this case.

IT IS SO ORDERED.

BY THE COURT

Date: March 10, 2022