Ex Parte Matthew Leachman

• Court: Court of Appeals of Texas
• Decided: February 15, 2018
• Docket: 01-16-00787-CR
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Ex parte Matthew Leachman

Appellate case number: 01-16-00787-CR

Trial court case number: 1522187

Trial court: 248th District Court of Harris County

This Court’s December 19, 2017 Second Order of Continuing Abatement had continued to abate this case and ordered the State to respond to appellant’s Motion to Reinstate Appeal, which it did on January 2, 2018. The Clerk of this Court’s December 19, 2017 notice requested that the district clerk file two of appellant’s pleadings. On January 4, 2018, the district clerk confirmed mailing the hearing record to the appellant. On February 9, 2018, the district clerk filed a compliant supplemental clerk’s record with findings of fact, conclusions of law and order, which was signed by the trial court on February 8, 2018. The trial court found that, among other things, the State does not intend to dismiss trial court cause number 1520247. On February 12, 2018, the district clerk filed a letter in this Court stating that it had mailed this supplemental clerk’s record to the pro se appellant. To date, the two appellant’s pleadings requested by the Clerk of this Court’s December 19, 2017 notice have not been filed. Accordingly, we grant appellant’s Motion to Reinstate, REINSTATE this case on this Court’s active docket, and grant, in part, appellant’s Motion to Supplement the Record. The district clerk is ORDERED to file appellant’s “Supplemental Memorandum of Law and Argument in Pretrial Habeas Corpus,” filed on August 14, 2017, within 10 days of the date of this Order. After reviewing the records, the Court determines that it does desire briefing and, thus, appellant’s brief is ORDERED to be filed no later than 20 days from the date of this Order. See TEX. R. APP. P. 2, 31.1. The State’s brief, if any, is ORDERED to be filed no later than 20 days from the filing of appellant’s brief.

It is so ORDERED. Judge’s signature: /s/ Laura C. Higley  Date: February 15, 2018