Anthony Jason Kelly v. State

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-12-00074-CR
____________________
ANTHONY JOSEPH KELLY, Appellant
V.
THE STATE OF TEXAS, Appellee
_______________________________________________________ ______________
On Appeal from the County Court at Law No. 4
Montgomery County, Texas
Trial Cause No. 11-265675
________________________________________________________ _____________
ORDER
In this appeal Anthony Jason Kelly contends the State withheld exculpatory
information. See Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215
(1963). Incorporated into his Brady issue is a due process complaint that the trial
court abused its discretion by refusing to require the State to produce the written
statement of Trooper Jarad Gray for in camera inspection by the trial court. The
trial court’s failure to require the State to produce a copy of the statement under
1
seal for inclusion in the appellate record prevents the proper presentation of the
case to the Court of Appeals. See Tex. R. App. P. 44.4(a)(1).
It is, therefore, ORDERED that the appeal is abated and the case is
remanded to the trial court for the trial court to correct the error by directing the
State to submit a copy of the statement under seal for review on appeal. See Tex.
R. App. P. 44.4(b). A supplemental record containing a copy of the statement of
Trooper Jarad Gray shall be sealed and filed with the Clerk of the Court of Appeals
by June 17, 2013.
ORDER ENTERED May 16, 2013.
PER CURIAM
Before Gaultney, Kreger, and Horton, JJ.
2