Thomas Alan Auld v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 18, 2022
• Docket: 06-21-00079-CR
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-21-00079-CR

THOMAS ALAN AULD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 115th District Court Upshur County, Texas Trial Court No. 18889

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

Our review of the clerk’s record and court reporter’s record in this matter indicates that

such records contain 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 and volumes one, six, seven,

and eight of the reporter’s record include 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, six, seven, and eight of the reporter’s record contain 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 and volumes one, six, seven, and eight

of the reporter’s record in this case.

IT IS SO ORDERED.

BY THE COURT

Date: May 18, 2022