Kathryn Ziehl Broadway v. the State of Texas ( 2021 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00285-CR
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KATHRYN ZIEHL BROADWAY, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 21-05-07184-CR
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MEMORANDUM OPINION
In a criminal case, Kathryn Ziehl Broadway filed a “Public and Judicial Notice
of Interlocutory Appeal Pursuant to 28 USCS § 1333 in the United States District
Court by Savings to Suitor Claiming Lawful Right to Common Law Venue –
Demanding Proof of Jurisdiction in the Record.” We questioned our jurisdiction. In
response, the State informs the Court that Broadway has not been convicted. In her
response, without citing authority for an interlocutory appeal Broadway argues an
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appeal is necessary because after being challenged the trial court has failed to
establish proof of jurisdiction.
In criminal cases, “[t]he standard for determining jurisdiction is not whether
the appeal is precluded by law, but whether the appeal is authorized by law.” Abbott
v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). The general right to appeal
under article 44.02 of the Texas Code of Criminal Procedure is limited to appeal
from a final judgment. Id. at 697 n.8; see also Tex. Code Crim. Proc. Ann. art. 44.02.
Broadway identifies no other state statute that authorizes an appeal at this time. We
dismiss the appeal for lack of jurisdiction.
APPEAL DISMISSED.
PER CURIAM
Submitted on October 26, 2021
Opinion Delivered October 27, 2021
Do Not Publish
Before Golemon, C.J., Horton and Johnson, JJ.
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