Texas Court of Criminal Appeals:
An Inventory of Court of Criminal Appeals Petitions for Discretionary Review Files at the Texas State Archives, 1981-1991
Overview | ||
| Creator: | Texas. Court of Criminal Appeals. | |
| Title: | Court of Criminal Appeals petitions for discretionary review files | |
| Dates: | 1981-1991 | |
| Abstract: | The Texas Court of Criminal Appeals is the highest criminal court in the state, holding the same position in the area of state criminal law that the Supreme Court holds in civil law. The Court of Criminal Appeals has appellate jurisdiction in all criminal cases (both felonies and misdemeanors). These records consist of case files resulting from petitions for discretionary review, containing copies of documents filed with the Texas Court of Criminal Appeals--the district clerk's file (indictments, pleas of the defendant, bills of exception, assignments of error, charges of the court, verdicts and judgments, motions, orders, briefs, sentences, etc.) and statements of fact (the trial transcripts of pre-trial hearings, voir dire of prospective jurors, the guilt/innocence phase, the punishment phase, and exhibits)--as well as documents created for or by the Court of Criminal Appeals (motions, briefs, arguments, orders, opinions, etc.), dating 1981-1991. | |
| Quantity: | 325 cubic ft. | |
| Location: | Please note that these records are stored at the State Records Center. Because of the possibility that portions of these records fall under the Public Information Act exceptions, these records must be reviewed by an archivist before they can be accessed for research. Records requested before 10:00 a.m. will usually be available for review by an archivist by 4:00 p.m. the same day. Records requested after 10:00 a.m. and before 3:00 p.m will usually be available for review by an archivist by noon the next day. See the "Restrictions on Access" statement in this document for further information. | |
| Language: | These materials are written predominately in English. | |
| Repository: | Texas State Archives | |
Agency History
A constitutional amendment adopted September 22, 1891, followed by legislation approved April 13, 1892, created the Texas Court of Criminal Appeals, thereby abolishing the Court of Appeals (which had been created by the Constitution of 1876). Or, to put it another way, all civil jurisdiction was removed from the Court of Appeals, whose name was changed to the Court of Criminal Appeals. The Court of Criminal Appeals is the highest criminal court in the state, holding the same position in the area of state criminal law that the Supreme Court holds in civil law. The Court of Criminal Appeals has appellate jurisdiction in all criminal cases of whatever grade (i.e., for both felonies and misdemeanors). However, only appeals from state district or county courts (and now, from courts of appeal) are heard by the Court of Criminal Appeals, not appeals from justice courts, mayors' courts, or other inferior courts, or from county court cases imposing a judgment or fine of less than $100: in these cases, the judgment of the county court is final. The Court of Criminal Appeals also has original jurisdiction to investigate the detention of persons. It has the power to issue the writ of habeas corpus, and other necessary writs under such regulations as may be prescribed by law.
At first the court consisted of three judges elected by the voters, for terms of six years. (In 1966 the number was increased to five, and in 1981 to eight.) The judges selected one of their number to be presiding judge. Beginning in October 1909, the Court of Criminal Appeals met only in Austin, between October and June (House Bill 58, 31st Texas Legislature, Regular Session).
Opinions were published beginning with Volume 31 of the Texas Criminal Reports: Cases Argued and Adjudged in the Court of Criminal Appeals of the State of Texas (beginning with the Austin Term, 1892). The Archives and Information Services Division of the State Library has volumes 31 through 151 (1892-1946) and also volume 157 (1952).
In September 1981, by constitutional amendment, the courts of civil appeals received criminal jurisdiction for the first time, to relieve the backlog in the Court of Criminal Appeals. At that time they were renamed courts of appeals, totalling fourteen in number. The appellate jurisdiction of the Court of Criminal Appeals remained exclusive, however, for cases involving the death penalty.
Petitions for discretionary review request the Court of Criminal Appeals to review the rulings of the intermediary Courts of Appeals; if the Court grants the petition, it issues an opinion. These are generally cases where the Court of Criminal Appeals affirmed or reversed the judgment of the court of appeals without remanding the case back to that court of appeals.
(Sources include: Guide to Texas State Agencies, 11th edition (2001); the enabling legislation; and Rules 66-69 of the Texas Rules of Appellate Procedure (http://www.supreme.courts.state.tx.us/rules/TRAP/trap-all.htm), accessed May 2, 2012.)
Scope and Contents of the Records
The Texas Court of Criminal Appeals is the highest criminal court in the state, holding the same position in the area of state criminal law that the Supreme Court holds in civil law. The Court of Criminal Appeals has appellate jurisdiction in all criminal cases (both felonies and misdemeanors). These records consist of case files resulting from petitions for discretionary review, containing copies of documents filed with the Texas Court of Criminal Appeals--the district clerk's file (indictments, pleas of the defendant, bills of exception, assignments of error, charges of the court, verdicts and judgments, motions, orders, briefs, sentences, etc.) and statements of fact (the trial transcripts of pre-trial hearings, voir dire of prospective jurors, the guilt/innocence phase, the punishment phase, and exhibits)--as well as documents created for or by the Court of Criminal Appeals (motions, briefs, arguments, orders, opinions, etc.), dating 1981-1991.
Petitions for discretionary review request the Court of Criminal Appeals to review the rulings of the intermediary Courts of Appeals; if the Court grants the petition, it issues an opinion. These are generally cases where the Court of Criminal Appeals affirmed or reversed the judgment of the court of appeals without remanding the case back to that court of appeals. See Rules 66-69 of the Texas Rules of Appellate Procedure (http://www.supreme.courts.state.tx.us/rules/TRAP/trap-all.htm), accessed May 2, 2012.
If a researcher only knows the appellant's name, but not the case number, for a petition for discretionary review (PDR), the researcher should contact the Texas Court of Criminal Appeals. Cases filed with the Court of Criminal Appeals after mid-1984 may be searched on the agency's website, at http://www.cca.courts.state.tx.us/opinions/casesearch.asp (accessed May 2, 2012), which may yield a case number and other pertinent information. For PDRs between 1981 and 1984, docket sheets (which are still held by the court) have been scanned by the court, and archives staff has been provided with a compact disc of those scans and can assist researchers in locating case numbers.
See the inventory of (Court of Criminal Appeals Records at the Texas State Archives, 1892-2010) for the description of additional records series held by the Texas State Archives.
To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.
Arrangement of the Records | ||
| These records are arranged by creating agency staff numerically by case file number, which is roughly chronologically. The second part of the case file number (following the dash) indicates the year. | ||
Restrictions
Restrictions on Access
Petitions for discretionary review files may possibly contain documents sealed by the court according to Texas Public Information Act, 552.107(2). When a researcher requests a case, the file will be reviewed by an archivist in order to remove sealed documents. The researcher will be informed that sealed documents have been removed from the file and it will then be up to the researcher to obtain permission from the Court to access the documents.
Petitions for discretionary review files may possibly contain personal information of jurors and prospective jurors. According to the Texas Code of Criminal Procedure, Article 35.29, information collected by the court or by a prosecuting attorney during the jury selection process about a person who serves as a juror, including the juror's home address, home telephone number, social security number, driver's license number, and other personal information, is confidential and may not be disclosed by the court, the prosecuting attorney, the defense counsel, or any court personnel except on application by a party in the trial or on application by a bona fide member of the news media acting in such capacity to the court in which the person is serving or did serve as a juror. On a showing of good cause, the court shall permit disclosure of the information sought. (Acts 1993, 73rd Leg., ch. 371, § 1, eff. Sept. 1, 1993) The Court of Criminal Appeals has verified that juror information is to be withheld from the public according to the statute cited above. Therefore, when a case is requested, an archivist will review the case to ascertain whether or not juror information is present. If such information is found, the researcher will be informed and the documents will be removed from the file. If an individual wishes to access juror information, they will have to obtain permission from the Court. Because the judiciary is not covered by the Texas Public Information Act, the Archives cannot estimate how long it will take the Court to respond to a request.
Non-court documents may possibly be found in the Petitions for discretionary review files. Before a researcher is granted access to a case, an archivist will review the files and remove all such materials. The researcher will be informed if materials are removed. If the researcher wishes to access the documents, the Archives will contact the Court to determine the appropriate course of action on a case-by-case basis. Because the judiciary is not covered by the Texas Public Information Act, the Archives cannot estimate how long it will take the Court to respond to a request.
Materials do not circulate, but may be used in the State Archives search room. Materials will be retrieved from and returned to storage areas by staff members.
Restrictions on Use
Most records created by Texas state agencies are not copyrighted and may be freely used in any way. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).
Technical Requirements
For petitions for discretionary review (PDRs) between 1981 and 1984, docket sheets have been scanned by the court, and archives staff has been provided with a compact disc of those scans and can assist researchers in locating case numbers.
Index Terms | ||
| The terms listed here were used to catalog the records. The terms can be used to find similar or related records. | ||
| Corporate Names: | ||
| Subjects: | ||
| Criminal courts--Texas. | ||
| Judgments, Criminal--Texas. | ||
| Appellate courts--Texas. | ||
| Court records--Texas. | ||
| Judicial opinions--Texas. | ||
| Document Types: | ||
| Case files--Texas--Court records--1981-1991. | ||
| Functions: | ||
| Adjudicating. | ||
Related Material
The following materials are offered as possible sources of further information on the agencies and subjects covered by the records. The listing is not exhaustive. |
||
| Texas State Archives | ||
| Texas Court of Criminal Appeals centralized court case files (part III: file numbers 49720 thru 71207), 1975-1990, 2,519 cubic ft. | ||
| Texas Department of Criminal Justice records, 1849-2004, 170.08 cubic ft. | ||
Administrative Information
Preferred Citation
(Identify the item), Petitions for discretionary review files, Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession Information
Accession numbers: 2010/140, 2012/051
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Court of Criminal Appeals on August 10, 2010; and September 19, 2011.
Processing Information
Processed by Tony Black, October 2010
Inventory removed from main record, and accession added by Tony Black, March 2012
Accruals
Additions to petitions for discretionary review files are transferred to the State Archives on a regular basis.
Detailed Description of the Records