Henderson v. State — Appeals dismissed because the notice of appeal was late

Case
Alexander Henderson v. the State of Texas
Court
Texas Court of Appeals, Second District, Fort Worth
Judge
Wallach, J. (Greg Abbott, 2019); Sudderth, C.J. (Rick Perry, 2015); Walker, J. (elected 2021)
Date Decided
August 13, 2026
Docket No.
02-26-00231-CR; 02-26-00232-CR; 02-26-00233-CR; 02-26-00234-CR
Topics
Appellate Jurisdiction; Notice of Appeal; Untimely Filing
Source
Read the full opinion

Background

Alexander Henderson sought to appeal four judgments entered by the 297th District Court of Tarrant County on March 11, 2026. Because Henderson filed a motion for new trial, his deadline to file a notice of appeal was June 9, 2026.

Henderson filed his notice of appeal on June 15, 2026, six days after the deadline, and did not file a motion for an extension of time. The court of appeals notified him that the appeals were subject to dismissal for want of jurisdiction unless he or another party provided a reasonable explanation for the late filing. The court received no response.

The Court’s Holding

The Second Court of Appeals dismissed all four appeals for want of jurisdiction. It concluded that Henderson’s notice of appeal was untimely and that he had not filed a motion seeking additional time under the Texas Rules of Appellate Procedure.

Because no party responded to the court’s notice with a reasonable explanation for the late filing, the court did not have jurisdiction to consider the appeals. The court therefore dismissed them without reaching the merits of Henderson’s challenges to the trial court’s judgments.

Key Takeaways

  • A motion for new trial made Henderson’s notice of appeal due June 9, 2026.
  • His June 15 notice was untimely, and he filed no motion for an extension of time.
  • The court dismissed all four appeals for want of jurisdiction after receiving no response to its jurisdictional notice.

Why It Matters

The decision underscores that a timely notice of appeal is essential to appellate jurisdiction in Texas criminal cases. When a notice is filed after the applicable deadline and no extension is requested, the appellate court may be unable to review the underlying judgments.

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