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· 4/25/2012

Henery v. State

Citations

  • 364 S.W.3d 915
  • 2012 WL 1414110
  • 2012 Tex. Crim. App. LEXIS 632

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an appellate court should abate for findings rather than attempt to resolve conflicts in the record on its own
  • addressing conflict between trial court’s oral denial of motion to quash and its written order granting same motion that was apparently “signed as the result of a clerical error”
  • addressing conflict between trial court’s oral denial of motion to quash and its written order granting same motion that was apparently “signed as the result of a clerical error”
  • ordering the abatement of an appeal and holding that the trial judge could correct an order if the judge determined that the order was the result of clerical error
  • “Due to the mandatory language of Rule 44.4, if the preconditions are satisfied, the court of appeals must abate the case, even if neither the State nor the defendant has requested the abatement.”
  • “Due to the mandatory language of Rule 44.4, if the preconditions are satisfied, the court of appeals must abate the case, even if neither the State nor the defendant has requested the abatement.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hervey, Keller, Price, Womack, Johnson, Keasler, Cochran, Alcala, Meyers

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.