Kory Allen Battiest v. State

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-19-00094-CR

KORY ALLEN BATTIEST, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th District Court Lamar County, Texas

Trial Court No. 28050

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

ORDER

Our review of the clerk’s record and the reporter’s record in this case indicates that they contain “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). Sensitive data also includes “a driver’s license number, passport number, social security number, tax identification number or similar government-issued personal identification number.” TEX. R. APP. P. 9.10(a)(1). The clerk’s record contains social security numbers and the name of a person who was a minor at the time the offense was committed. Volumes one through four of the reporter’s record together with all video exhibits contain social security numbers and/or 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 the clerk’s record and volumes one through four of the reporter’s record together with all video exhibits 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 clerk’s record and volumes one through four of the reporter’s record together with all video exhibits.

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IT IS SO ORDERED.

BY THE COURT

Date: October 22, 2019