Background
Michael Keith Brasher Jr. appealed from a proceeding in the 252nd District Court of Jefferson County, Texas, identified as trial cause number 23DCCR0944.
Before the appellate court issued a decision, Brasher moved to dismiss his appeal under Texas Rule of Appellate Procedure 42.2(a). Brasher personally signed the dismissal request, and his attorney joined the motion.
The Court’s Holding
The Texas Ninth Court of Appeals granted Brasher’s motion and dismissed the appeal. The court determined that the request complied with Rule 42.2(a), including its signature and timing requirements.
The court dismissed the appeal under Texas Rule of Appellate Procedure 43.2(f). The memorandum opinion did not address the merits of Brasher’s underlying case.
Key Takeaways
- A criminal appellant may seek voluntary dismissal before the appellate court issues its decision.
- Brasher personally signed the dismissal request, and his attorney joined it.
- The court dismissed the appeal without deciding its merits.
Why It Matters
The decision illustrates the procedural requirements for voluntarily ending a Texas criminal appeal. When a properly signed dismissal request is submitted before decision, the appellate court may grant the request and dispose of the appeal without reviewing the underlying claims.