Demarcus Dewayne Latimore v. the State of Texas

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