Ex Parte Adam Ahmad Noureddine v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 11, 2025
• Docket: 03-24-00655-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00655-CR

Ex parte Adam Ahmad Noureddine

FROM THE 426TH DISTRICT COURT OF BELL COUNTY NO. 78979, THE HONORABLE STEVEN J. DUSKIE, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant’s brief was originally due January 17, 2025, in this appeal of an

order denying an application for a writ of habeas corpus under Code of Criminal Procedure

article 11.072. On January 30, this Court sent a notice to Appellant—at the last known address for

him, drawn from his most recent filing as shown in the clerk’s record—informing him that his

brief was overdue and that we required a response by February 10. It appears that this Court’s

notices to Appellant’s last known address have been returned without having reached Appellant.

Also, the clerk’s record in this appeal contains a document titled “Trial Court’s

Certificate of Defendant’s Right to Appeal.” It appears, however, that this certificate may be

defective because an order denying habeas as here is an appealable order. See Ex parte Saylee,

No. 03-18-00124-CR, 2018 WL 1833533, at *1 (Tex. App.—Austin Apr. 17, 2018, no pet.) (per

curiam) (order & mem. op., not designated for publication). Because the certification appears not to accurately reflect Appellant’s right of appeal, it is defective. Id. (citing Dears v. State,

154 S.W.3d 610, 614 (Tex. Crim. App. 2005)).

The appeal is abated and the case remanded to the trial court. The trial court shall

conduct a hearing to determine whether Appellant desires to prosecute this appeal. See Tex. R.

App. P. 38.8(b)(2), (3). If Appellant expresses his desire to dismiss this appeal, the trial court shall

direct Appellant to submit a motion to dismiss with this Court that complies with Rule of Appellate

Procedure 42.2. The court shall make appropriate written findings and recommendations. See

Tex. R. App. P. 38.8(b)(2), (3). If necessary, the court should appoint counsel who will effectively

represent Appellant in this appeal. Following the hearing, which shall be transcribed, the trial

court shall order the appropriate supplemental clerk’s and reporter’s records—including all

findings, conclusions, and orders, if any—to be prepared and forwarded to this Court no later than

30 days from the date of this order. See Tex. R. App. P. 38.8(b)(3).

Also on remand, the trial court should sign an amended certification that accurately

reflects Appellant’s right to appeal the denial of his habeas application. Once entered, the

certification shall be included in a supplemental clerk’s record and filed with this Court no later

than 30 days from the date of this order.

It is ordered on July 11, 2025.

Before Justices Triana, Kelly, and Theofanis

Abated and Remanded

Filed: July 11, 2025

Do Not Publish