John Howard Dearing v. the State of Texas

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-22-00065-CR

JOHN HOWARD DEARING, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 8th District Court Franklin County, Texas

Trial Court No. F9388

Before Morriss, C.J., Stevens and van Cleef, JJ.

ORDER

Our review of the clerk’s record in this matter indicates that it contains un-redacted “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). The clerk’s record includes the names of persons who were minors 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 the clerk’s record contains un-redacted sensitive data, we order the clerk of this Court, or her appointee, in accordance with Rule 9.10(g), to seal the electronically filed clerk’s record in this case.

IT IS SO ORDERED.

BY THE COURT

Date: August 2, 2022