Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued Week of March 24, 2025

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Morales v. State, No. 02-24-00065-CR (Mar. 27, 2025) (Sudderth, C.J., joined by Kerr and Birdwell, JJ.).

Held: Appellant’s complaint that Rule 13.1 of the Texas Rules of Appellate Procedure violates the Fourteenth Amendment’s due process clause by allowing a defendant to waive his right to have a court reporter attend and make a record of a punishment hearing was both unpreserved and meritless.  Appellant failed to preserve his complaint by objecting to the court reporter’s absence on due process grounds (or any other grounds) either at the punishment hearing or in a motion for new trial.  Further, because Texas courts have consistently held that the right to have a court reporter attend a court session and make a record of the proceedings is one that may be forfeited, Rule 13.1 does not offend the Fourteenth Amendment by allowing parties to affirmatively waive this right.