Ex Parte Brent Wayne Justice

• Court: Court of Appeals of Texas
• Decided: April 19, 2016
• Docket: 14-15-00934-CR
• Status: Published

Opinion

Appeal Reinstated; Order filed April 19, 2016

In The

Fourteenth Court of Appeals ____________

NO. 14-15-00934-CR ____________

EX PARTE BRENT WAYNE JUSTICE, Appellant

On Appeal from the 176th District Court Harris County, Texas Trial Court Cause No. 1385768

ORDER

This is an appeal from the denial of an application for writ of habeas corpus. Appellant is not represented by counsel. No brief has been filed. It is a well- established principle of federal and state law that no constitutional right to counsel exists on a writ of habeas corpus. Ex parte Graves, 70 S.W.3d 103, 110 (Tex. Crim. App. 2002). On February 5, 2016, this appeal was abated. The appeal is reinstated and the court issues the following order:

Pursuant to Texas Rule of Appellate Procedure 31.1, we ORDER appellant to file a brief in this appeal on or before May 4, 2016. If appellant fails to file his brief as ordered, we will decide this appeal upon the record before the Court. See Lott v. State, 874 S.W.2d 687, 688 (Tex. Crim. App. 1994) (affirming conviction on record alone where appellant failed to file a pro se brief after being properly admonished); Coleman v. State, 774 S.W.2d 736, 738–39 (Tex. App.—Houston [14th Dist.] 1989, no pet.) (holding that former rule 74(l)(2) (now Rule 38.8(b)) permitted an appeal to be considered without briefs “as justice may require” when a pro se appellant has not complied with the rules of appellate procedure).

PER CURIAM