Devon Keith Debord v. the State of Texas
This text of Devon Keith Debord v. the State of Texas (Devon Keith Debord v. the State of Texas) 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.
Opinion
NUMBER 13-21-00280-CR
COURT OF APPEALS THIRTEENTH
DISTRICT OF TEXAS CORPUS
CHRISTI - EDINBURG
DEVON KEITH DEBORD, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court of Goliad County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Benavides and Tijerina Order Per Curiam
This appeal was set for oral argument on November 3, 2022. Appellant Devon
Debord has filed an unopposed motion to postpone oral argument. Among the reasons
provided, appellant’s counsel states that she “is currently subject to a grievance that stems
from this case, which has created a conflict.” She asks the Court “to postpone arguments pending the resolution of said grievance, which is expected to be after the new year.”
It is unclear to the Court whether this “conflict” means a “conflict of interest,” and if
so, how that bears on counsel’s representation of appellant. Accordingly, the Court grants
the motion to postpone, abates the appeal, and remands the case to the trial court to
conduct a hearing. Within thirty (30) days of this order, the trial court is ordered to conduct
a hearing and issue findings of fact and conclusions of law on whether a conflict of interest
has arisen that would require appellant to obtain new counsel. If such a conflict exists and
it has not been effectively waived by appellant, the trial court should either order appellant
to retain new counsel within a reasonable time or appoint new counsel if appellant cannot
afford to do so. If the trial court determines that new counsel should be appointed, the
name, address, email address, telephone number, and state bar number of newly
appointed counsel shall be included in the order appointing counsel. Finally, the Goliad
County District Clerk is ordered to supplement the appellate record with the trial court’s
findings and conclusions, as well as any other filings or orders pertaining to this issue.
PER CURIAM
Do not publish. TEX. R. APP. P. 47.2(b).
Delivered and filed on the 25th day of October, 2022.
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