On December 3, 2020, a Motion for New Trial was submitted into the Cameron County Court at Law 5 for Cause 19-CCR-01643, because it was identified the Court Reporter may not have a complete transcript of the proceedings in the cause.
The issue was related to specific motions and orders which were said to be decided in the venue of the Court; however, there were no signed orders within the County Clerk’s Office related to much of the motions and orders.
Under Texas Appellant Procedures 34.6(f), one is entitled to a new trial if the following for elements can be proven:
Reporter’s Record Lost or Destroyed(1) if the appellant has timely requested a reporter’s record;
(2) if, without the appellant’s fault, a significant exhibit or a significant portion of the court reporter’s notes and records has been lost or destroyed or – if the proceedings were electronically recorded – a significant portion of the recording has been lost or destroyed or is inaudible;
(3) if the lost, destroyed, or inaudible portion of the reporter’s record, or the lost or destroyed exhibit, is necessary to the appeal’s resolution; and
(4) if the lost, destroyed or inaudible portion of the reporter’s record cannot be replaced by agreement of the parties, or the lost or destroyed exhibit cannot be replaced either by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit.
Rule 34.6 – Reporter’s Record, Tex. R. App. P. 34.6
Here is the filings (minus the “certification of service,’ and proposed “order:”
The argument is being made that the recording is needed to help decide the outcome of the Habeas Corpus. The Reporter Record does not exist; neither does the signed orders within the cause.
We will see what the Judge decides to do, but this is just one avenue to address prosecutorial misconduct (which is also a mandate to grant a new trial and listed within the Application of Habeas Corpus).