Ex Parte Kelly Michael Leach v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 14, 2025
• Docket: 03-25-00462-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00462-CR

Ex parte Kelly Michael Leach

FROM COUNTY COURT AT LAW NO. 1 OF COMAL COUNTY NO. 2024CR0075, THE HONORABLE RANDAL C. GRAY, JUDGE PRESIDING

O R D E R AN D M E MO RAN DU M O PI N I O N

PER CURIAM

Appellant Kelly Michael Leach seeks to appeal the trial court’s denial of his

pretrial application for writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.072 § 8. The

clerk’s record does not contain the required trial-court certification of appellant’s right of appeal,

see Tex. R. App. P. 25.2(a), (d) (requiring record to include trial court’s certification). The

county clerk has informed this Court that it does not have a trial court certification in this case.

The Rules of Appellate Procedure require the trial court to “enter a certification

of the defendant’s right of appeal each time it enters a judgment of guilt or other appealable

order.” See id. R. 25.2(a)(2). An order denying a pretrial application seeking habeas corpus

relief is an appealable order. See Ex parte Villanueva, 252 S.W.3d 391, 397 (Tex. Crim. App.

2008) (“the appealability of an application for writ of habeas corpus filed under Article 11.072

following a disposition by the district court is controlled by Section 8 of Article 11.072”); Ex parte Schmidt, 109 S.W.3d 480, 481 (Tex Crim. App. 2003) (reaffirming that when trial

court has jurisdiction to issue writ of habeas corpus, denial of relief can be appealed).

Therefore, we abate the appeal and order the trial court to prepare and file its

certification of appellant’s right of appeal from the order denying appellant’s pretrial application

for writ of habeas corpus as required by the Texas Rules of Appellate Procedure. See Tex. R.

App. P. 25.2(a)(2), 44.4. The trial court shall order a supplemental clerk’s record containing the

trial court’s certification to be filed with this Court no later than September 15, 2025. See id.

R. 25.2(d), 34.5(c)(12).

It is ordered on August 14, 2025.

Before Justices Triana, Kelly, and Theofanis

Abated and Remanded

Filed: August 14, 2025

Do Not Publish