James Bunk Phelps v. State

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-18-00110-CR

JAMES BUNK PHELPS, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 276th District Court Titus County, Texas

Trial Court No. CR 19,405

Before Morriss, C.J., Burgess and Stevens, JJ.

ORDER

Our review of the reporter’s record in this case indicates that it contains “sensitive data” as

that phrase is defined in Rule 9.10 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.10(a). Sensitive data includes “a birth date, a home address, and the name of any person who was a minor at the time the offense was committed.” TEX. R. APP. P. 9.10(a)(3). Volumes one, two, three, four and six of the reporter’s record contain the name of a person who was a minor at the time the offense was committed. Rule 9.10(b) states, “Unless a court orders otherwise, an electronic or paper filing with the court, including the contents of any appendices, must not contain sensitive data.” TEX. R. APP. P. 9.10(b).

Rule 9.10(g) provides, “A court may also order that a document be filed under seal in paper form or electronic form, without redaction.” TEX. R. APP. P. 9.10(g). Therefore, because volumes one through four and volume six of the reporter’s record contain sensitive data, we order the clerk of this Court or her appointee, in accordance with Rule 9.10(g), to seal the electronically filed volumes one through four and volume six of the reporter’s record.

IT IS SO ORDERED.

BY THE COURT

Date: January 22, 2019