Randy Dale Barnett v. Jerry Coyle

• Court: Court of Criminal Appeals of Texas
• Decided: May 20, 2015
• Docket: 06-15-00020-CV
• Status: Published

Opinion

A.ppellate-Docket Number: rdfc-/fc^05^:a/n rirrr*ci\icr\ IM

Appellate Case Style: Ths Court of Appeals RANDY DALE BARNETT Sixth District r—. '. — .•

Vs. HLEU IN JERRY COYLE &M 2 0 2015 The Court OLAppeate ^ixrn District Companion Case No.: 84100 Tsxarkana, Texas * * u^bra Autrey, Clerk: > MY 2 0 2015 Texarkana; Texas Amended/corrected statement: DOCKETING STATEMENT (Civil) 3ebra K. Autrey, Clerk Appellate Court:] qtyth nT^TRTPT I (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant TI. Appellant Attorney(s)

0 Person Q Organization (choose one) • Lead Attorney N/A First Name:

First Name: |_RANDY *;.-!--. " Middle Name: 1 Middle Name: DALE Last Name:

Last Name: BARNETT Suffix:

Suffix: | n/a Law Firm Name:|

ProSe: ®:. Address 1:

Address 2:

City:

State: * [Texas Zio+4;

Telephone: ext.

Fax:

Email:

SBN:

III. Appellee IV. Appellee Attorney(s) \y[\ Person [^Organization (choose one) [~1 Lead Attorney pro se First Name: [ First Name: j JERRY Middle Name:

Middle Name: | UNKNOWN Last Name:

Last Name: COYLE Suffix:

Suffix: JN/A Law Finn Name: | 1 ProSe: ® Address 1:

Address 2;

State: [Texas Zip+4: Telephone: ext.

Fax: | Email:

SBN: .

Pagel of 7 Nature of Case (Subject matter or type of ^c). L^vwL"^XuN,d:u;KttV/„H'i'A'LV^K*A^j <_* '. Date order or judgment signed: Ill^^MiTMfe^^Bsl Type ofjudgment: mBwdikSilSXMSS m* Date notice of appeal filed in trial court: ^wWi^Wl&^^^QWz)1! Ifmailed to the trial court clerk, also give the date mailed: ^^^^^^^^^SSSi Interlocutory appeal of appealable order: • Yes Q No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated appeal (See TRAP 28): • Yes 0 No If yes, please specify statutory or other basis on whichi appeal is accelerated: .•-&•%&». -?'<".#;#&

Parental Termination or Child Protection? (See TRAP 28.4): • Yes 0No

Permissive? (See TRAP 28.3): D Yes |x] No If yes, please specify statutory or other basis for such status: :rss-"r *"•••* Agreed? (See TRAP 28.2): D Yes 0 No If yes, please specify statutory or other basis for such status: & ••:*•--•••>"}!

Appeal should receive precedence, preference, or priority under statute or rule: Yes • No If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? • Yes fX|No Judgment or order disposes of all parties and issues: • Yes Lx]No Appeal from final judgment: [^] Yes • No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? • Yes QNo

Motion for New Trial: • Yes 0 No Ifyes, date filed: |J^J Motion to Modify Judgment: • Yes fO No Ifyes, date filed: Ol^ Request for Findings of Fact • Yes 0No Ifyes, date filed: IffSS^ and Conclusions of Law:

Motion to Reinstate: •Yes 0No If yes, date filed: fw^ffl Motion under TRCP 306a: • Yes 0 No Ifyes, date filed: |\J|f3?:T ••""'* "IS Other: • Yes 0No Ifother, please specify: || P. » •

f.ilf' **r Mll^ftnd'SffgffS^&j^ EEMBfflfi^ -is Affidavit filed in trial court: H Yes • No

Contest filed in trial court: HYes • No

Date ruling on contest due: WRM&^SMziSs Ruling on contest: • Sustained 0 Overruled Date of ruling: P^§l;^^^S^lf Page 2 of 7 Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? • Yes 0 No If yes, please attach a copy of the petition.

Bankruptcy Case Number: §gNl?^

Court: ^^^^a^l^yll^S^S^PKpfstS^eiM Clerk's Record: Same

Trial Court Docket Number (Cause No.): |f|l|sBlfBWI^HSiiHHi Was clerk's record requested? • Yes Q§ No date requested: H^I^^^^^^^^^^H Trial Judge (who tried or disposed of case): If no, date it will be requested: SPS^B^§^!I^^

Middle Name: ©BE&BSflStS DYes QNo [^Indigent

(Note: No request required under TRAP 34.5(a>,(b)>

Reporter's or Recorder's Record:

Is there a reporter's record? £[]Yes • No Was reporter's recordrequested? DYes [J£]No

Was there a reporter's record electronically recorded? rj£] Yes • No

If no, date it will be requested: ^lu^e^iy^^l^JBI^ Were payment arrangements made with the court reporter/court recorder? • Yes • No [^Indigent

Page 3 of 7 fc] Court Reporter • Court Recorder • Official • Substitute

First Name: Anna

Middle Name: M

Last Name: |_l?p_cjuir_ch. Suffix: In/A I Address 1: Unknown. Address 2: Unknown

City: N/A State: [Texas Zip + 4: Telephone: ext.

Fax: [~^ Email: I

X. Supersedeas Bond

Supersedeas bond filed: • Yes \X\ No If yes, date filed:

Will file: • Yes [x] No

XL Extraordinary Relief

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? 0 Yes • No Ifyes, briefly state the basis for your request: I The injury sufferred of 42 more years in prison.

XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd,4th,5th, 6th, 8th, 9th, 10th, 11th, 12th, 13th, or 14th Court of Appeal) ^^

Should this appeal be referred to mediation? Yes • No

Ifno, please specify:Q\j/.A n Has the case beenthrough an ADR procedure? QYes [X] No Ifyes, who was the mediator? [_N/A What type of ADR procedure? N/A At what stage did the case go through ADR? • Pre-Trial • Post-Trial • Other N/A If other, please specify: N/A

Type of case? I Legal Malpractice/Legal injury Give a brief description of the issue to be raised onappeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): The injury sufferred is not barred by statute of limitations/due to appeal.

How was the case disposed of? Denied Summary ofrelief granted, including amount of money judgment, and if any, damages awarded. [""n/A Ifmoney judgment, what was the amount? Actual damages: | n/A Punitive (or similar) damages: Same as suit

Page 4 of 7 Attorney'* fees (trial): UlN^g! Attorney's fees (appellate): iBIlN^i^ Other: Mll^ If other, please specify: BP^

Will you challenge this Court's jurisdiction? • Yes 0 No Does judgment have language that one or more parties "take nothing"? [x] Yes • No Doesjudgment have a Mother Hubbard clause? QYes [x] No Other basis for finality? iNfljfAl Rate the complexity of the case (use 1for least and 5 for most complex): \%\ I • 2 • 3 • 4 • 5 Please make my answer to the preceding questions known to other parties in this case. [XJ Yes • No Can the parties agree on an appellate mediator? |x] Yes • No Ifyes, please give name, address, telephone, fax and email address: N/A Name Address Telephone Fax Email

Languages other than English in which the mediator should be proficient; 8§^bE£^3 Name of person filing out mediation section of docketing statement: BRklrTdEyMB'aTa'nTe'Mt-MfifEtQMs'el

Sffnff-flWbftafl IMfcflfcnn List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.

Style: ©&ax% ®s&© g©g®@fefe Vs. saamffi© ©£©£© ©g ®©s@

Page 5 of 7 The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court.

The Pro Bono Committee is solely responsible for screeningand selectingthe civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellantor appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at www.tex-app.org. If your case is selected and matchedwith a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select yourcase and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signingyour name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteerappellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? [X] Yes • No

Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? IXJ Yes |—j No

Please note that any such conversations would be maintained as confidential by the Pro Bono Committee andthe information used solely for the purposes of considering the case for inclusion in the Pro Bono Program.

If you have not previously filed an affidavit of Indigency and attached a file-stamped copyof that affidavit, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? 0 Yes • No

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/povert\'/06poverty.shtml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? t_] Yes • No If yes, please attach anAffidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oath as to your financial circumstances.

Give a brief description of the issues to be raised on appeal, the reliefsought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).

The issue that this is not barred by the statute of limitations,due to the

state habeas corpus and federal appeals on the underlying- claims are still

pending/and that the defendant does not dispute his malpractice,but is relying on the limitations, that I-'m time barred,when I'm not time barred-

fawh^hctL^rt^ Signature oj^counsel (or pro se party) Date: wiMmii

Printed Name: V^fl^m^J^^fMIWlslM. State Bar No.: MPM0W(MBS

Page 6 of 7 (gtasaSffii^GfiSsrM©

The undersigned counsel certifies that this docketing statement has beenserved on the following leadcounsel for all parties to the trial court's order or judgment as follows on •is®®©

Not Able to serve

Signature of counsel (or pro se party) Electronic Signature: (Optional)

State Bar No.: Person Served

Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state:

(1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney

Please enter the following for each person served:

Date Served:

Manner Served:

First Name:

Middle Name:

Last Name:

Suffix:

Law Firm Name

Address 1:

State jjjpas! Telephone: Fax:

If Attorney, Representing Parry's Name:

Uj/A-Bte To s^ve czdTc'f-". 'for? oF ^fiy.'tej^e to

Page 7 of 7 RE:Appellate Case Number :06-15-00020-CV

Dear Court Clerk,

Enclosed,please' find and file the Docket Sheet for Civil Case

No.84100,Appeal No -06-15-00020-CV.

Tahnk you for your attention to this matter.

RECEIVED IN. Sincerlv, The Sixth Courts Appeals ...' District SV^ X ^>/£^^£^ RANDY ^/ALE BARNETT MAY 2 0 ^01& TDCJ-ID # 1648039 Telford Unit,3899 State Hwy 98 Texarkcma, Texas * • New Boston,Texas Debra Autrey, ClerK 75570

May 18,2015