Michael Ruscoe v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 31, 2023
• Docket: 03-23-00034-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00034-CR

Michael Ruscoe, Appellant

v.

The State of Texas, Appellee

FROM THE 299TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-21-900025, THE HONORABLE KAREN SAGE, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

After appellant Michael Ruscoe filed a notice of appeal from his judgment of

conviction for the offense of murder, he filed a motion for new trial, alleging, among other

things, the discovery of new evidence in the case. The district court granted the motion for new

trial, and the district clerk’s office forwarded a copy of the district court’s order to this Court.

Ruscoe has now filed a motion to stay his appeal pending the disposition of the

State’s appeal, if any, of the district court’s order granting the motion for new trial. Ruscoe

argues that if the State does not appeal the district court’s order granting a new trial, or the State

appeals but is unsuccessful, then “this appeal should be dismissed as moot.” However, if the

State appeals and obtains a reversal of the district court’s order, then “this appeal should

move forward.” On March 27, 2023, the State filed a notice of appeal from the district court’s

order. Accordingly, we will grant Ruscoe’s motion and abate this appeal pending this Court’s

disposition of the State’s appeal.

Before Chief Justice Byrne, Justices Triana and Smith

Abated

Filed: March 31, 2023

Do Not Publish