Dallas, TX asked in Criminal Law and Constitutional Law for Texas

Q: If a mandate was handed down from the apellet court in a criminal case and the district clerk did notify anyone for 1 yr

Is that legal the decedent was out on bond for a little over a year after the mandate was issued also tdcj was never notified of her release on appeal bond and sent her discharge papers now they put a warrant out is there a post conviction motion or a proceduralproblem

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Your question is a bit unclear. The mandate of an appellate court is issued by the clerk of that appellate court to the lower court.

The district clerk is a clerk of the district courts. If the mandate was issued to a district court, the district clerk would be the one receiving the mandate, not the one notifying anyone.

Because all appellate courts in Texas have been using electronic records for a few decades now, anyone interested in any appeal can register to receive electronic notice anytime anything is recorded in an appellate case including the mandate. Attorneys of record in an appeal automatically receive electronic notice of the issuance of mandate as soon as it is recorded by the clerk of the court of appeals. Appellate court files are also available for free online to any member of the public.

A decedent is a dead person. Dead people aren’t released on bond.

1 user found this answer helpful

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: Your question requires more information to answer.

The defendant MUST get Notice of every decision and order of the court.

I hope this helps.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.