Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Davenport v. State

Appellant filed a motion to dismiss appeal representing that appellant wished to withdraw his notice of appeal. Although the motion was signed by counsel, it was not signed by appellant as required by Rule 42.2(a) of the Texas Rules of Appellate Procedure. Counsel's failure to procure appellant's signature results in abatement of the appeal and a remand of the cause to the trial court to resolve the issue. Amarillo Court of Appeals, No. 07-09-0255-CR, 01-08-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

ABATEMENT AND REMAND

Following a plea of not guilty, Appellant, Timothy Davenport, was convicted for possession of a controlled substance and sentenced to fourteen months confinement. Appellant timely filed a notice of appeal. On October 19, 2009, retained counsel for Appellant filed a Motion to Dismiss Appeal representing that Appellant wished to withdraw his notice of appeal. Although the motion was signed by counsel, it was not signed by Appellant as required by Rule 42.2(a) of the Texas Rules of Appellate Procedure. Consequently, counsel was advised by the Clerk of this Court of the defect. Counsel then notified this Court by letter that he understood Appellant was in prison, “but after a thorough search,” was unable to locate him for his signature.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Texas Legal Awards 2025
September 25, 2025
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
Marketing Assistant

COLE SCHOTZ P.C.MARKETING ASSISTANT- NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks a mar...


Apply Now ›
TRUSTS & ESTATES ADMINISTRATION PARALEGAL

COLE SCHOTZ P.C.Prominent NJ based law firm with multiple regional offices seeks a Trust and Estate Administration Paralegal with 5 plus yea...


Apply Now ›
Legal Practice Assistant

COLE SCHOTZ P.C.LEGAL PRACTICE ASSISTANT- NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks ...


Apply Now ›
Go to Lawjobs