Devoris Antoine Newson v. the State of Texas
Docket 08-25-00329-CR
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 8th District (El Paso)
- Type
- Lead Opinion
- Case type
- Habeas Corpus
- Disposition
- Dismissed
- Docket
- 08-25-00329-CR
Appeal from an attempted interlocutory appeal of a trial court's oral denial of a pretrial writ of habeas corpus under Article 17.151
Summary
The court dismissed Devoris Antoine Newson’s attempted appeal of a pretrial habeas corpus ruling for lack of jurisdiction. Newson sought review after an oral denial of his pretrial writ under Texas law, but no written trial-court order appears in the record. The court also found the issue moot because Newson entered a plea bargain, was tried and convicted, and therefore the pretrial relief he sought (including bail reduction) could no longer be granted. Because there was no appealable written order and the matter is moot, the appeal was dismissed.
Issues Decided
- Whether an oral pronouncement by the trial court denying a pretrial habeas application is appealable absent a signed written order
- Whether a pretrial habeas application seeking relief related to pretrial custody or bail is rendered moot after the defendant is tried and convicted
Court's Reasoning
Texas precedent requires a signed written order before an appellate court can acquire jurisdiction over a habeas ruling; oral rulings alone are not appealable. Additionally, once the defendant was tried and convicted after entering a plea bargain, the relief sought in the pretrial habeas application (such as bail reduction) became moot, removing any live controversy to be decided on appeal.
Authorities Cited
- Ex parte PerezNo. 14-13-01048-CR, 2014 WL 4416011 (Tex. App.—Houston [14th Dist.] Sept. 9, 2014)
- State v. Sonavongxay407 S.W.3d 252 (Tex. Crim. App. 2012)
- Ex parte Tucker3 S.W.3d 576 (Tex. Crim. App. 1999)
Parties
- Appellant
- Devoris Antoine Newson
- Appellee
- The State of Texas
- Judge
- Gina M. Palafox
- Judge
- Soto
- Judge
- Benavides (Senior Judge)
Key Dates
- Habeas application filed
- 2025-11-07
- Show cause order issued
- 2026-03-06
- Show cause response deadline
- 2026-03-26
- Opinion issued
- 2026-04-24
What You Should Do Next
- 1
Confirm written orders
If seeking appellate review of a trial-court ruling, ensure a signed written order exists and is included in the record before filing an appeal.
- 2
Consider appropriate post-conviction remedies
Consult counsel about pursuing a direct appeal of the conviction or filing a different post-conviction habeas petition if appropriate and timely.
- 3
Respond to court orders promptly
If an appellate court issues a show-cause order, file a substantive response showing jurisdictional grounds or the appeal may be dismissed.
Frequently Asked Questions
- Why was this appeal dismissed?
- The court lacked jurisdiction because there was no signed written order denying the habeas petition, and the issue became moot after Newson pleaded guilty and was convicted.
- Does an oral ruling count as an appealable order?
- No. Under Texas law, oral pronouncements by the trial court are not appealable until reduced to a signed written order.
- What does mootness mean here?
- Mootness means the requested pretrial relief (like reducing bail or release) cannot be granted because Newson was tried and convicted, so there is no longer a live controversy.
- Can Newson still challenge his conviction or sentence?
- This opinion only addresses the attempted appeal of the pretrial habeas denial; Newson may have other post-conviction remedies, such as a direct appeal of the conviction or a different post-conviction writ, subject to procedural rules and deadlines.
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
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
————————————
No. 08-25-00329-CR
————————————
Devoris Antoine Newson, Appellant
v.
The State of Texas, Appellee
On Appeal from the 346th District Court
El Paso County, Texas
Trial Court No. 20240D01344
M E MO RA N D UM O PI NI O N
Appellant, Devoris Antoine Newson, filed a pretrial application for writ of habeas corpus
on November 7, 2025. Subsequently, Newson filed a notice of appeal stating that he was appealing
“the trial court’s verbal denial of [his] 17.151 Pretrial writ . . ..” We dismiss this attempted appeal
for want of jurisdiction.
In a habeas proceeding, “a trial court’s oral pronouncement is not appealable until a written
order is signed.” Ex parte Perez, No. 14-13-01048-CR, 2014 WL 4416011, at *1 (Tex. App.—
Houston [14th Dist.] Sept. 9, 2014, orig. proceeding) (mem. op., not designated for publication);
see State v. Sonavongxay, 407 S.W.3d 252, 258–59 (Tex. Crim. App. 2012) (holding that a notice
of appeal invokes the appellate court’s jurisdiction “over all parties to the trial court’s judgment or
order appealed from,” that an order must be in writing, and that with no written order from which
to appeal, the court of appeals lacked jurisdiction); State v. Wachtendorf, 475 S.W.3d 895, 904
(Tex. Crim. App. 2015) (“It is true, of course, that the trial court’s oral pronouncements on the
record do not constitute appealable orders.”). A written order is a prerequisite to invoking this
Court’s jurisdiction in a habeas proceeding. See Perez, 2014 WL 4416011, at *1; State v. Nassour,
706 S.W.3d 627, 633 (Tex. App.—Austin 2024, pet. dism’d) (per curiam); Ex parte Wiley, 949
S.W.2d 3, 4 (Tex. App.—Fort Worth 1996, no writ). The record in this case does not, however,
contain a written order on Newson’s pretrial application for writ of habeas corpus.
Moreover, a pretrial application for writ of habeas corpus is rendered moot when the
applicant is tried on the offense for which the applicant was being held. See Ex parte Tucker, 3
S.W.3d 576 (Tex. Crim. App. 1999) (en banc) (per curiam) (“The appellant have[] been tried
during the pendency of this appeal, the question of his pre-trial bond is moot.”); Danziger v. State,
786 S.W.2d 723, 724 (Tex. Crim. App. 1990) (en banc) (holding that habeas applicant’s complaint
under Article 17.151 of the Texas Code of Criminal Procedure had been rendered moot when the
applicant was convicted of the offense for which he was being held); Lopez v. State, 672 S.W.3d
915, 926 (Tex. App.—Corpus Christi–Edinburg 2023, pet. ref’d) (“An appeal from the denial of a
pretrial writ of habeas corpus seeking bail reduction is rendered moot if the defendant is tried and
convicted.”). Here, the record shows that Newson, after filing his pretrial habeas application,
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entered into a plea bargain agreement with the State, pursuant to which he pleaded guilty and was
sentenced to a term of incarceration by the trial court.
Because no written order appears in the record and because Newson has been tried for and
convicted of the offense for which he was being held, we issued an order on March 6, 2026,
requiring Newson to show cause in writing, by March 26, 2026, why this appeal should not be
dismissed for want of jurisdiction. Despite submitting several filings, Newson has not filed a
response showing that this Court has jurisdiction over this appeal.
Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss any pending
motions as moot.
GINA M. PALAFOX, Justice
April 24, 2026
Before Palafox and Soto, JJ., Benavides, J. (Senior Judge)
Benavides, J. (Senior Judge), sitting by assignment
(Do Not Publish)
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