Order entered November 23, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01335-CR
No. 05-16-01357-CR
EX PARTE MICHAEL CHARLES MCDERMOTT
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause Nos. 380-80439-2015, 380-80437-2015
ORDER
We VACATE our order of November 18, 2016 setting scheduling in these appeals
because the appellate cause number for cause no. 05-16-01357-CR was incorrect on the order.
We issue this order to reset scheduling on these appeals.
The Court is in receipt of appellant’s notices of appeal from the trial court’s orders
denying relief on his pretrial applications for writ of habeas corpus. These are accelerated
appeals and are governed by Texas Rule of Appellate Procedure 31.
We ORDER the trial court to prepare certifications of appellant’s right to appeal and to
file them within TEN DAYS of the date of this order. See TEX. R. APP. P. 25.2(a), (d);
Cortez v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013).
We ORDER the Collin County District Clerk to file the clerk’s records by
December 12, 2016. We ORDER that the clerk’s records contain copies of the indictments, the
documents related to the applications for writ of habeas corpus, the trial court’s orders, and the
trial court’s certifications of appellant’s right to appeal.
We ORDER the court reporter to file, by December 12, 2016, either the reporter’s
record or written verification that no hearing was conducted.
We ORDER appellant to file his brief by January 3, 2017. We ORDER the State
to file its brief by January 24, 2017. After the records and briefs have been filed, the Court
will notify the parties of the submission date and panel.
We DIRECT the Clerk to send copies of this order to the Honorable Benjamin N. Smith,
Presiding Judge, 380th Judicial District Court; Karla Kimbrell, Official Court Reporter, 380th
Judicial District Court; Lynne Finley, Collin County District Clerk; and counsel for all parties.
/s/ LANA MYERS
JUSTICE
Ex Parte: Michael Charles McDermott v. State
Combined Opinion