Court of Criminal Appeals of Texas
James Lynn Campbell, Appellant v. the State of Texas
September 22, 20102010 Tex. Crim. App. LEXIS 1168
Summary
The Texas Court of Criminal Appeals held that a pro se incarcerated appellant’s delivery of a notice of appeal to prison authorities satisfies the filing requirement under Tex.R.App. P. 9.2(b) and Tex.R. Civ. P. 5, deeming the appeal timely. Accordingly, the Court reversed the lower appellate court’s dismissal for lack of jurisdiction and remanded for further proceedings.
Holding
- Whether delivery of a notice of appeal to prison authorities constitutes filing for a pro se incarcerated appellant under Tex.R.App. P. 9.2(b) and Tex.R. Civ. P. 5.. Yes; a pro se inmate’s delivery of a pleading to prison authorities is deemed filing at the time of delivery.
- Whether the Court of Appeals erred in dismissing the appeal for lack of jurisdiction based on the ten‑day receipt requirement.. The Court of Appeals erred; the appeal was timely filed and the court had jurisdiction.
Docket PD-1081-09
Cited authorities
- Rule 9.2(b)
Cited by
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