Kathryn Ziehl Broadway v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 27, 2021
• Docket: 09-21-00285-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00285-CR __________________

KATHRYN ZIEHL BROADWAY, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 21-05-07184-CR __________________________________________________________________

MEMORANDUM OPINION

In a criminal case, Kathryn Ziehl Broadway filed a “Public and Judicial Notice

of Interlocutory Appeal Pursuant to 28 USCS § 1333 in the United States District

Court by Savings to Suitor Claiming Lawful Right to Common Law Venue –

Demanding Proof of Jurisdiction in the Record.” We questioned our jurisdiction. In

response, the State informs the Court that Broadway has not been convicted. In her

response, without citing authority for an interlocutory appeal Broadway argues an

1 appeal is necessary because after being challenged the trial court has failed to

establish proof of jurisdiction.

In criminal cases, “[t]he standard for determining jurisdiction is not whether

the appeal is precluded by law, but whether the appeal is authorized by law.” Abbott

v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). The general right to appeal

under article 44.02 of the Texas Code of Criminal Procedure is limited to appeal

from a final judgment. Id. at 697 n.8; see also Tex. Code Crim. Proc. Ann. art. 44.02.

Broadway identifies no other state statute that authorizes an appeal at this time. We

dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Submitted on October 26, 2021 Opinion Delivered October 27, 2021 Do Not Publish

Before Golemon, C.J., Horton and Johnson, JJ.