Ross Thomas Brantley v. the State of Texas
Docket 02-26-00029-CR
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 2nd District (Fort Worth)
- Type
- Lead Opinion
- Case type
- Criminal Appeal
- Disposition
- Dismissed
- Docket
- 02-26-00029-CR
Appeal from an alleged denial of a postconviction DNA testing motion (Tex. Code Crim. Proc. art. 64.01) where no signed trial-court order exists.
Summary
The court dismissed Ross Thomas Brantley’s pro se appeal for lack of jurisdiction because there was no signed trial-court order denying his statutory request for postconviction DNA testing (Tex. Code Crim. Proc. art. 64.01). The appellate court gave Brantley ten days to show grounds to continue the appeal but received no response. Citing its rules and prior precedent, the court concluded there was no appealable order and therefore dismissed the appeal for want of jurisdiction.
Issues Decided
- Whether an appellate court has jurisdiction to entertain an appeal when there is no signed trial-court order denying a motion for postconviction DNA testing.
- Whether failure to respond to a court's order to show grounds for continuing an appeal justifies dismissal for want of jurisdiction.
Court's Reasoning
The court reasoned that an appeal must be taken from a final, signed order, and here the record contained no signed order denying Brantley’s DNA testing request. The court gave Brantley an opportunity to show grounds to continue the appeal under the appellate rules but received no response, and prior authority supports dismissal where no appealable order exists. Because there was no written, signed denial, the court lacked jurisdiction and dismissed the appeal.
Authorities Cited
- Texas Rules of Appellate Procedure 43.2(f)
- Texas Rules of Appellate Procedure 26.2(a)
- Calton v. StateNo. 02-13-00460-CR, 2014 WL 584940 (Tex. App.—Fort Worth Feb. 13, 2014)
Parties
- Appellant
- Ross Thomas Brantley
- Appellee
- The State of Texas
- Judge
- Brian Walker, Justice
- Judge
- Sudderth, C.J.
- Judge
- Kerr, J.
Key Dates
- Decision delivered
- 2026-04-16
What You Should Do Next
- 1
Ask trial court to issue a signed order
Contact the trial court clerk or file a motion in the trial court requesting entry (or clarification) of a signed written order resolving the DNA testing motion.
- 2
Respond to appellate notification promptly
If the appellate court issues a jurisdictional query in the future, respond within the time provided with evidence of an appealable order to avoid dismissal.
- 3
Consult counsel
Consider consulting a criminal-defense attorney to assist in obtaining the signed order and to prepare a timely appeal if appropriate.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the appeal because there was no signed trial-court order denying the request for postconviction DNA testing, so the appeal was not from an appealable order.
- Who is affected by this decision?
- Appellant Ross Thomas Brantley is affected because his appeal was dismissed; the State is the opposing party but no merits ruling on the DNA request was made.
- What happens next for Brantley?
- Brantley may seek to obtain a signed order from the trial court denying his DNA motion, then file a new appeal based on that signed order.
- Can this dismissal be appealed?
- A dismissal for lack of jurisdiction is generally final as to that appeal; Brantley’s proper recourse is to secure an appealable signed order and then pursue an appeal.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00029-CR
___________________________
ROSS THOMAS BRANTLEY, Appellant
V.
THE STATE OF TEXAS
On Appeal from Criminal District Court No. 1
Tarrant County, Texas
Trial Court No. 1609793
Before Sudderth, C.J.; Kerr and Walker, JJ.
Memorandum Opinion by Justice Walker
MEMORANDUM OPINION
Appellant Ross Thomas Brantley, acting pro se, attempts to appeal from the
trial court’s alleged “denial of his DNA 64.01 Motion request.”1 But there is no
signed order denying his request.2
We notified Brantley of our concern that we lack jurisdiction over his appeal
and warned that we could dismiss the appeal for want of jurisdiction unless, within
ten days, he or any other party showed grounds for continuing it. See Tex. R. App. P.
43.2(f), 44.3. More than ten days have passed, and we have received no response.
Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P.
43.2(f); Calton v. State, No. 02-13-00460-CR, 2014 WL 584940, at *1 (Tex. App.—Fort
Worth Feb. 13, 2014, no pet.) (per curium) (mem. op., not designated for publication)
(dismissing appeal for want of jurisdiction when order denying postconviction motion
for DNA testing did not exist).
/s/ Brian Walker
Brian Walker
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: April 16, 2026
1
The order attached to Brantley’s notice of appeal is unsigned by the trial court.
2
The trial court clerk informed this court that the trial court has not signed any
order denying Brantley’s request for DNA testing, so there does not appear to be any
written, signed order from which to appeal. See Tex. R. App. P. 26.2(a).
2