Texas State Library and Archives Commission

Texas Court of Criminal Appeals:

An Inventory of Court of Criminal Appeals Records at the Texas State Archives, 1892-2010



Overview

Creator: Texas. Court of Criminal Appeals.
Title: Court of Criminal Appeals records
Dates: 1892-2010
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 document the activities of the court. They consist of minutes, opinions, orders, dockets, indexes, account books, correspondence, press releases, and case files that may include transcripts, briefs, exhibits, statements, memoranda, motions, warrants, questionnaires, writs, photographs, videotapes, audio cassettes, and floppy discs, dating 1892-2010.
Quantity: 7,356.66 cubic ft.
Location: Please note that most of the case files are stored at the State Records Center. Because of the possibility that portions of these records have been determined by the court to be confidential, 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.
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 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 three existing judges on the Court of Appeals in 1892 were to serve out their elected terms as judges of the Court of Criminal Appeals. The judges selected one of their number to be presiding judge. Like the Supreme Court at that time, the Court of Criminal Appeals held three terms annually, of three months each, at Tyler (October through December), Dallas (January through March), and Austin (April through June). The court appointed a separate clerk, and maintained separate records, for each geographical term.

Beginning in October 1909, the Court of Criminal Appeals met only in Austin, between October and June (House Bill 58, 31st Legislature, Regular Session). At that time the numbering of cases began all over, with Number 1.

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 1925, the 39th Legislature (in Senate Bill 370, Regular Session) created a two-member "Commission in aid of the Court of Criminal Appeals." Appointed by the court, these commissioners discharged duties assigned by the court and submitted opinions to the court for approval. The practical result was the operation of a five-member judicial body. The Commission was abolished in 1966 when the legislature expanded the number of judges on the Court of Criminal Appeals to five. At that point, the Commissioners serving became Judges, pending the next regular election.

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.

(Sources include: Guide to Texas State Agencies, 11th edition (2001); and the enabling legislation.)


Scope and Contents

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 document the activities of the court. They consist of minutes, opinions, dockets, indexes, account books, correspondence, press releases, and case files that may include transcripts, briefs, exhibits, statements, memoranda, motions, warrants, questionnaires, writs, photographs, videotapes, audio cassettes, and floppy discs, dating 1892-2010.

Succinct documentation of the court's activities during the early years is found in the minutes (1892-1941), opinions (1892-1923 and 1925-1983), and opinion registers (1921-1954). There are gaps in the minutes before 1909, and many gaps in the opinions. The volume opinions should be supplemented by the published opinions or reports. The Archives and Information Services Division of the State Library has a complete set of Texas Criminal Reports: Cases Argued and Adjudged in the Court of Criminal Appeals between 1892 and 1946. Opinions and orders handed down by the Texas Court of Criminal Appeals are as brief as practicable while still addressing every issue raised and necessary to final disposition of the appeal. The court may affirm, modify, or reverse the judgment of the court below and dismiss the case, or render the judgment or decree that the court below should have rendered. It can also reverse the judgment of the court below and remand the case for further proceedings. Some opinions are filed by individual justices concurring or dissenting from the decision of the Court of Criminal Appeals. Opinions are also located in Case files, 1892-1990, in Petitions for discretionary review files, 1981-1991, and in Execution case files, 1974-2010.

Orders primarily concern applications or petitions to file for writs of habeas corpus or writs of mandamus and date from 1953 to 1972. These applications are considered and either granted or denied by the Court of Criminal Appeals. Court terms were originally held between October of one year to June of the following year. Beginning in October of 1966, court terms were extended from October of one year to September of the following year.

The dockets (assignment dockets before 1909) provide one way (if the researcher knows the year) of determining the numbers assigned to the cases heard between 1892 and 1925, although there are many gaps. Another way to determine the number of a case, especially if the researcher only knows the appellant's name, is through the general indexes (for the Tyler and Dallas terms before 1909, and for all cases between 1909 and 1947). Of course probably a better, quicker, and surer means of discovering the number is through the published Texas Criminal Reports, which has an alphabetical table of contents at the beginning of each volume.

For the period 1892-1990, the activities of the court are most thoroughly documented in the case files, which contain the legal documents filed with and during an appeal (motions, briefs, arguments, orders, opinions, statements of facts, testimony, etc.). A major gap appears in the cases, between about 1899 and 1908. Two numbering systems were used for the case files: one for the period of the three geographically distinct terms (1892-1909), and one for the period of the centralized court (1909-present). [Note that Centralized court case files numbers 2 thru 25006, 1909-1950, Centralized court case files number 25007 thru 49719, 1950-1975, and Centralized court case files number 49720 thru 71207, 1975-1990, are listed separately online and appear at the end of the printed finding aid in the Archives Reading Room.] To access a case, therefore, the researcher needs to know three things: the number of the case; whether it was heard before or after 1909; and if before 1909, in which geographical term it was heard (Tyler, Dallas, or Austin).

Petitions for discretionary review files date 1981-1991, and consist of case files resulting from petitions for discretionary review to review the rulings of the intermediary Courts of Appeals. The files contain 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.).

The execution case files date 1974-2010 and document the death penalty appeals heard by the Texas Court of Criminal Appeals. The appellate jurisdiction of the Court of Criminal Appeals is exclusive for cases involving the death penalty and the appeals process in such cases is automatic. The appeals document the cases of all prisoners executed in Texas from 1999 to 2010; also included are a few cases of executions between 1993 and 1998. Additional earlier death penalty appeals (prior to 1990) are documented in the series Case files. If you are reading this electronically, click on the link to go to the full finding aid. If you are reading this in paper, the series finding aid is found at a separate divider within the binder: Texas Court of Criminal Appeals execution case files.

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.


 

Organization of the Records

These records have been organized by State Archives staff into twelve series and six subseries:
Minutes, 1892-1941, 4.45 cubic ft. (9 volumes)
Opinions records, 1892-1983, 54.07 cubic ft.
  • Opinions, 1892-1923, 1925-1983, 53.73 cubic ft.
  • Opinion registers, 1921-1954, 0.34 cubic ft. (5 volumes)
Orders, 1953-1972, 0.5 cubic ft.
Dockets, 1892-1925, 8.29 cubic ft. (38 volumes)
  • Assignment dockets, 1892-1909, 4 cubic ft. (21 volumes)
  • Dockets, 1908-1913, 1916-1925, 2.51 cubic ft. (8 volumes)
  • Execution dockets, 1893-1909, 0.28 cubic ft. (2 volumes)
  • Assistant Attorney General's dockets, 1895-1905, 1.5 cubic ft. (7 volumes)
Indexes, 1892-1947, 2.29 cubic ft. (7 volumes)
Accounting records, 1893-1944, 1.26 cubic ft. (9 volumes)
Lists of appealed and referred cases, 1913-1934, 1.54 cubic ft.
Correspondence, 1896-1917, 1951-1953, 1.27 cubic ft.
Press releases, 1971, 1977-1979, 1983-1988, 1990-1991, 1993, fractional
Case files, 1892-1990, 5,816.58 cubic ft.
Petitions for discretionary review files, 1981-1991, 325 cubic ft.
Execution case files, 1974-2010, 1,141.75 cubic ft.

Restrictions

Restrictions on Access

Execution case files have been found to contain documents sealed by the court according to Texas Public Information Act, 552.107(2). The same may be true of regular Case files and Petitions for discretionary review files. 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.

Execution case files have been found to contain personal information of jurors and prospective jurors. The same may possibly be true of regular Case files and Petitions for discretionary review files. 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.

Rarely, non-court documents have been found in the Execution case files. The same may possibly be true of regular Case files and 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

Researchers are required to wear gloves provided by the Archives when reviewing photographic materials.

Researchers wishing to access videotapes, audiotapes, or floppy discs must contact the Archives Preservation Officer to obtain the necessary equipment.

Letterpress books are extremely fragile; pages are tissue-thin and bindings are either broken already or ready to break. Therefore they may not be photocopied, and must be treated with great care.

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:
Texas. Court of Criminal Appeals.
Subjects:
Criminal courts--Texas.
Judgments, Criminal--Texas.
Appellate courts--Texas.
Court records--Texas.
Judicial opinions--Texas.
Executions and executioners--Texas.
Capital punishment--Texas.
Document Types:
Minutes--Texas--Court records--1892-1941.
Case files--Texas--Court records--1892-2010.
Dockets--Texas--Court records--1892-1925.
Decisions--Texas--Court records--1892-1954.
Indexes (reference sources)--Texas--Court records--1892-1947.
Account books--Texas--Court records--1893-1944.
Correspondence--Texas--Court records--1896-2010.
Opinions--Texas--Appellate courts--1892-2010.
Orders (judicial records)--Texas--Appellate courts--1953-1972.
Press releases--Texas--Appellate courts--1971-1993.
Functions:
Adjudicating.

Related Material

Texas State Archives
The records of individual Texas Governors may contain additional information on cases that reached the Court of Criminal Appeals.
Texas Court of Appeals, Records, 1876-1892, 15.48 cubic ft.
Texas Supreme Court, Records, 1840-1980, 6,396.81 cubic ft. [includes criminal appeals prior to 1876]
Texas Department of Criminal Justice records, 1849-2004, 170.08 cubic ft.
Texas Board of Pardons and Paroles, Execution case files, 1954-1964, 4.5 cubic ft. (restricted)
Texas Board of Pardons and Paroles, Pardon books, 1898-1930, 2.37 cubic ft.
Texas Secretary of State executive clemency records, 1840, 1845-2009, 110.68 cubic ft., 168 reels of microfilm (originals), 22 reels of microfilm (duplicates)
Texas Office of the Governor, General Counsel's Office, Execution files, 1946-1994, 2.75 cubic ft. (restricted)
Texas Office of the Governor, Criminal Justice Division, Records, 1973-1990, bulk 1987-1990, 28 cubic ft. (see the series General Counsel Executive Clemency files, Execution case files, 1978-1990, 1.5 cubic ft.)
Texas Governor George W. Bush, General Counsel's execution files, 1886, 1892, 1903, 1912-1921, 1925, 1932, 1939-2000, bulk 1986-2000, 68.24 cubic ft.

Administrative Information

Preferred Citation

(Identify the item and cite the series), Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1991/139, 1993/088, 2001/083, 2002/080, 2002/160, 2003/004, 2003/078, 2003/123, 2004/153, 2005/142, 2006/030, 2006/074, 2006/156, 2006/369, 2007/208, 2008/185, 2010/139, 2010/140, 2011/041, 2011/042, 2012/050, 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 (via the Tarlton Law Library of the University of Texas at Austin), on April 24, 1991; June 9, 1992; and directly from the Court of Criminal Appeals on January 3, 2001; November 15, 2001; July 17, 2002; September 6, 2002; November 25, 2002; February 28, 2003; June 3, 2004; April 27, 2005; October 28, 2005; November 22, 2005; May 18, 2006; August 21, 2007; August 28, 2008; August 10, 2010; October 25, 2010; October 29, 2010; and September 19, 2011; and the Texas Legislative Reference Library on January 26, 2006.

Processing Information

Opinions and orders processed by Lisa M. Hendricks, February 1992

Preliminary inventory of records created by Tony Black, August 1993

Text converted and initial EAD tagging provided by Apex Data Services, January 2001

Corrections and further encoding to TARO project standards by Nancy Enneking, October 2001

Case files were rekeyed, and an additional finding aid of Court of Criminal Appeals records was incorporated by Nancy Enneking, March 2002

Two accessions of execution case files added by Nancy Enneking, September 2002

One accession of execution case files added by Nancy Enneking, December 2002

Finding aid was converted to EAD 2002 by Nancy Enneking, July 2003

One accession of execution case files added by Nancy Enneking, August 2004

Restriction statement and other additions by Tony Black, November 2004

Execution case files were made a separate inventory, and encoding to DACS standards by Tony Black, May 2005

Two accessions (case files and press releases) added, and corrections made by Tony Black, December 2008

Two accessions (case files and petitions for discretionary review files) added, and corrections made by Tony Black, October 2010

One accession (execution case files) added by Tony Black, November 2010

Two accessions (case files and petitions for discretionary review files) added by Tony Black, March 2012

Other Formats for the Records

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.


Detailed Description of the Collection

 

Minutes, 1892-1941,
4.45 cubic ft. (9 volumes)

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 document the activities of the court, by means of concise, daily narratives of its proceedings. They consist of eight volumes (and part of another) containing minutes of the Texas Court of Criminal Appeals, 1892-1941. The Tyler term appears to be missing volume 2, thus lacking minutes for October 1900 through December 1907. The Dallas term appears to be missing minutes for January 1894 through March 1907. The Austin term appears to be complete (April 1892 through May 1909). For the period after the court was centralized, minutes are complete in three typescript volumes, from October 1909 through July 1941.
Arrangement
These volumes have been arranged by State Archives staff by term, and then chronologically. Arrangement by the creator within each volume is chronological.
Preferred Citation
(Identify the item), Minutes, Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.
Restrictions on Access
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.).
Accession Information
Accession number: 1993/088
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 (via the Tarlton Law Library of the University of Texas at Austin), on June 9, 1992.
Processed by
Tony Black, August 1993
Volume
211-095 Tyler, volume 1, October 4, 1892-December 13, 1899
Volume
211-080 Tyler, October 5-December 14, 1908
Volume
211-033 Dallas, January 7-March 22, 1893
Volume
211-080 Dallas, January 6-March 27, 1908
Volume
211-080 Dallas, January 4-April 6, 1909
Volume
211-077 Austin, volume 1, April 4, 1892-May 6, 1901
Volume
211-078 Austin, volume 2, April 1, 1901-June 26, 1907
Volume
211-079 Austin, volume 3, June 26, 1907-July 24, 1909
Volume
211-080 Austin, April 6-July 15, 1908
Austin, April 5-May 25, 1909
Volume
211-081 Volume 1, October 4, 1909-April 1, 1914
Volume
211-082 Volume 2 April 8, 1914-June 28, 1929
Volume
211-083 Volume 3 October 7, 1929-July 1, 1941



 

Opinion records, 1892-1983,
54.07 cubic ft.

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). To quote from the Texas Rules of Appellate Procedure (Rule 77): "In each case that is argued or submitted without argument to the Court of Criminal Appeals, the Court will hand down a written opinion setting forth the reasons for its decision and any germane precedent. Any judge may file an opinion dissenting from or concurring in the Court's judgment." These records document the opinions issued by the court, dating 1892-1983. They consist of opinions, 1892-1923, 1925-1983, and opinion registers, 1921-1954, of the Texas Court of Criminal Appeals.
Organization
These records have been organized by State Archives staff into two subseries:
Opinions, 1892-1923, 1925-1983, 53.73 cubic ft.
Opinion registers, 1921-1954, 0.34 cubic ft. (5 volumes)
Preferred Citation
(Identify the item), Opinion records, Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.
Restrictions on Access
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.).
Accession Information
Accession numbers: 1991/139, 1993/088
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 (via the Tarlton Law Library of the University of Texas at Austin), on April 24, 1991; and June 9, 1992.
Processed by
Lisa M. Hendricks, February 1992
Tony Black, August 1993
Opinions, 1892-1923, 1925-1983,
53.73 cubic ft.
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 document the opinions issued by the court. They consist entirely of opinions handed down by the Texas Court of Criminal Appeals and range in date from 1892 to 1923 and 1925 to 1983. Early records comprise eighteen volumes containing the full text Records of Opinions for some terms of the Court of Criminal Appeals, namely Tyler (five volumes, 1892-1909); Dallas (two volumes, 1893-1907); Austin (two volumes, 1892-1907); one volume containing parts of all three terms (1905-1907); and eight volumes, all typescript, covering the centralized period (1909-1923). The following gaps appear in the opinion records:
  • Tyler term:
    • May 23, 1895-December 1, 1896 (vol. 2)
    • December 20, 1900-December 16, 1902 (vol. 5)
    • November 24, 1904-October 27, 1908 (vol. 7-9)
  • Dallas term:
    • February 28, 1895-March 24, 1903 (vol. 2-6)
    • June 26, 1904-February 27, 1906 (vol. 8-?)
  • Austin term:
    • October 1-December 6, 1892
    • May 19, 1898-May 30, 1905
    • April 27, 1907-May 18, 1909?
  • Centralized period:
    • March 24-November 1, 1910 (vol. 3)
    • March 16-June 20, 1911 (vol. 5)
    • February 8, 1912-March 14, 1916 (vol. 7-17)
    • December 28, 1916-January 13, 1920 (vol. 19-21)
    • December 23, 1920-February 21, 1922 (vol. 23-24)
To fill in the gaps, the researcher should consult the published Texas Criminal Reports, beginning with volume 31 (1892); the Archives and Information Services Division of the Texas State Library has volumes 31-151 (1892-1946) and volume 157 (1952).
The written opinions ranging in date from 1925 to 1983 are as brief as practicable while still addressing every issue raised and necessary to final disposition of the appeal. The court may affirm, modify, or reverse the judgment of the court below and dismiss the case, or render the judgment or decree that the court below should have rendered. It could also reverse the judgment of the court below and remand the case for further proceedings. Some opinions are filed by individual justices concurring or dissenting from the decision of the court of appeals. Court terms were originally held between October of one year to June of the following year. Beginning in October of 1966, court terms were extended from October of one year to September of the following year.
Opinions for those cases ending in the upholding of a death penalty (and ultimately, execution) are also located in Execution case files, 1974-2005.
Arrangement
The volumes have been arranged by State Archives staff by term, and then chronologically. Opinions dating from the court term beginning in October of 1925 to the term ending in September of 1972 are bound in volumes in the chronological order in which they were handed down by the court. Opinions are no longer bound dating from the term beginning in October of 1972, but have been kept within the court term in which they were handed down and are filed in folders grouped numerically by the first three digits in their unique case number. Each case number remains constant so that a particular case number may be encountered in more than one court term depending on the number of appeals filed for a particular case. (Case numbers can be ascertained by name of appellant through the Clerk of the Court of Criminal Appeals.)
Volume
211-096 Tyler Term (1892-1909)
Tyler, vol. 1, October 15, 1892-May 22, 1895
Volume
211-100 Tyler, vol. 3, December 2, 1896-November 2, 1898
Volume
211-101 Tyler, vol. 4, November 2, 1898-December 19, 1900
Volume
211-102 Tyler, vol. 6, December 17, 1902-November 23, 1904
Volume
211-104 Tyler, vol. N, October 19, 1905-December 6, 1905; October 10, 1906-December 12, 1906
Volume
211-093 Tyler, vol. 10, October 28, 1908-May 12, 1909
Volume
211-098 Dallas Term (1893-1909)
Dallas, vol. 1, January 7, 1893-February 27, 1895
Volume
211-103 Dallas, vol. 7, March 25, 1903-June 25, 1904
Volume
211-104 Dallas, vol. N, February 28, 1906; February 6, 1907-March 20, 1907
Volume
211-097 Austin Term (1892-1909)
Austin, December 7, 1892-June 27, 1896
Volume
211-099 Austin, vol. 1, April 15, 1896-May 18, 1898
Volume
211-104 Austin, vol. N, May 31, 1905-June 24, 1905; April 18, 1906-June 29, 1906; April 10-24, 1907
Volume
211-105 Centralized period (1909-1923)
Volume 1, May 19, 1909-December 8, 1909
Volume
211-106 Volume 2, December 8, 1909-March 23, 1910
Volume
211-107 Volume 4, November 2, 1910-March 15, 1911
Volume
211-108 Volume 6, June 21, 1911-February 7, 1912
Volume
211-109 Volume 18, March 15, 1916-December 27, 1916
Volume
211-110 Volume 22, January 14, 1920-December 22, 1920
Volume
211-094 Volume 25 [?], February 22, 1922-June 14, 1922
Volume
211-111 Volume 26, October 4, 1922-February 28, 1923
Volume
1991/139-1 Opinions, October 1925- September 1972
(bound volumes)
October 1925 - June 1926
Volume
1991/139-2 October 1926 - June 1927
Volume
1991/139-3 October 1927 - June 1928
Volume
1991/139-4 October 1928 - June 1929
Volume
1991/139-5 October 1929 - June 1930
Volume
1991/139-6 October 1930 - June 1931
Volume
1991/139-7 October 1931 - June 1932
Volume
1991/139-8 October 1932 - June 1933
Volume
1991/139-9 October 1933 - June 1934
Volume
1991/139-10 October 1934 - June 1936
Volume
1991/139-11 October 1936 - June 1939
Volume
1991/139-12 October 1939 - June 1940
Volume
1991/139-13 October 1940 - June 1941
Volume
1991/139-14 October 1941 - June 1942
Volume
1991/139-15 October 1942 - June 1946
Volume
1991/139-16 October 1946 - June 1948
Volume
1991/139-17 October 1948 - June 1950
Volume
1991/139-18 October 1950 - June 1952
Volume
1991/139-19 October 1952 - June 1954
Volume
1991/139-20 October 1954 - June 1955
Volume
1991/139-21 October 1955 - June 1956
Volume
1991/139-22 October 1956 - June 1957
Volume
1991/139-23 October 1957 - June 1958
Volume
1991/139-24 October 1958 - June 1959
Volume
1991/139-25 October 1959 - June 1960
Volume
1991/139-26 October 1960 - June 1961
Volume
1991/139-27 October 1961 - June 1962
Volume
1991/139-28 October 1962 - June 1963
Volume
1991/139-29 October 1963 - June 1964
Volume
1991/139-30 October 1964 - June 1965
Volume
1991/139-31 October 1965 - June 1966
Volume
1991/139-32 October 1966 - September 1967
Volume
1991/139-33 October 1967 - September 1968
Volume
1991/139-34 October 1968 - September 1969
Volume
1991/139-35 October 1969 - September 1970
Volume
1991/139-36 October 1970 - September 1971
Volume
1991/139-37 October 1, 1971-February 9, 1972
Volume
1991/139-38 February 16, 1972 - May 24, 1972
Volume
1991/139-39 May 31, 1972-September 25, 1972
Box
1991/139-40 Opinions, October 1972 - September 1973
(not bound)
26,733
32,780
37,860
38,552
40,224
42,194
42,319
Box
1991/139-40 42,743
44,000's
45,000's
45,100's
45,200's
[2 folders]
45,300's
[2 folders]
45,400's
45,500's
Box
1991/139-41 45,600's
45,700's
[2 folders]
45,800's
[3 folders]
45,900's
Box
1991/139-42 45,900's
46,000's
46,100's
46,200's
46,300's
46,400's
46,500's
46,600's
Box
1991/139-43 Opinions, October 1973 - September 1974
35,045
39,902
43,000's
45,000's
46,000's
46,148
46,262
46,485
46,581
46,600's
46,700's
46,800's
46,900's
47,000's
47,100's
47,200's
47,300's
47,400's
Box
1991/139-44 47,500's
47,600's
47,700's
[2 folders]
47,800's
47,900's
[2 folders]
Box
1991/139-45 48,000's
48,100's
[2 folders]
48,200's
[2 folders]
48,300's
Box
1991/139-46 48,300's
48,400's
[2 folders]
48,500's
[2 folders]
48,600's
Box
1991/139-47 48,600's
48,700's
[2 folders]
48,800's
[2 folders]
48,900's
49,000's
Box
1991/139-48 26,081
40,261
45,090, 45,501
46,918, 46,245
47,507, 47,031, 47,032
48,044, 48,074
48,158
48,200's
48,300's
48,458
48,500's
48,600's
[2 folders]
48,700's
48,800's
48,900's
Box
1991/139-49 Opinions, October 1974 - September 1975
49,000's
[2 folders]
49,100's
[2 folders]
49,200's
[2 folders]
49,300's
Box
1991/139-50 49,300's
49,400's
[2 folders]
49,500's
[2 folders]
49,600's
Box
1991/139-51 49,700's
[2 folders]
49,800's
[2 folders]
49,900's
[2 folders]
Box
1991/139-52 50,000's
50,100's
50,200's
50,300's
50,400's
50,500's
50,600's
50,700's
50,800's
50,900's
51,000's
Box
1991/139-53 Opinions, October 1975 - September 1976
42,461
44,437
47,560
48,174
48,263
48,334
48,767
49,286
49,300's
49,404, 49,457
49,516, 49,595
49,616, 49,683
49,700's
49,800's
49,900's
50,020, 50,093, 50,099
50,100's
50,200's
50,300's
50,400's
50,500's
Box
1991/139-54 50,600's
[2 folders]
50,700's
[2 folders]
50,800's
[2 folders]
50,900's
[2 folders]
Box
1991/139-55 51,000's
[2 folders]
Box
1991/139-54 51,100's
[2 folders]
51,200's
[2 folders]
51,300's
Box
1991/139-56 51,300's
Box
1991/139-54 51,400's
[2 folders]
51,500's
[2 folders]
51,600's
[2 folders]
Box
1991/139-57 51,700's
[2 folders]
Box
1991/139-54 51,800's
[2 folders]
51,900's
[2 folders]
52,000's
[2 folders]
Box
1991/139-58 52,100's
52,200's
52,300's
52,400's
52,500's
52,600's
52,700's
52,800's
52,900's
53,000's
Box
1991/139-59 Opinions, October 1976 - September 1977
3,802
30,246
46,123
47,507, 47,662
48,291
49,000's
50,000's
51,000's
51,100's
51,200's
51,300's
51,400's
51,500's
51,600's
51,700's
51,800's
51,900's
[2 folders]
Box
1991/139-60 52,000's
52,100's
52,200's
52,300's
[2 folders]
52,400's
Box
1991/139-61 52,500's
[2 folders]
52,600's
52,700's
[2 folders]
52,800's
[2 folders]
52,900's
[2 folders]
Box
1991/139-62 53,000's
[2 folders]
53,100's
[2 folders]
53,200's
[2 folders]
53,300's
[2 folders]
Box
1991/139-63 53,400's
[2 folders]
53,500's
[2 folders]
53,600's
[2 folders]
53,700's
53,800's
[2 folders]
Box
1991/139-64 53,900's
54,000's
54,100's
54,200's
54,300's
54,400's
54,500's
54,600's
Box
1991/139-65 54,700's
54,800's
54,900's
55,000's
55,100's
55,200's
55,300's
55,400's
55,500's
55,600's
55,700's
55,800's
55,900's
56,000's
Box
1991/139-66 Opinions, October 1977 - September 1978
30,246
34,461
49,024
51,000's
52,000's
52,114
52,300's
52,430, 52,431
52,565
52,600's
52,700's
52,800's
52,900's
53,000's
53,100's
53,200's
53,300's
53,400's
53,500's
53,600's
53,700's
53,800's
53,900's
54,000's
Box
1991/139-67 54,100's
54,200's
54,300's
54,400's
54,500's
54,600's
54,700's
54,800's
54,900's
55,000's
Box
1991/139-68 55,100's
55,200's
55,300's
55,400's
55,500's
55,600's
55,700's
55,800's
55,900's
56,000's
Box
1991/139-69 56,100's
56,200's
56,300's
56,400's
56,500's
56,600's
56,700's
56,800's
56,900's
Box
1991/139-70 57,000's
57,100's
57,200's
57,300's
57,400's
57,500's
57,600's
57,700's
57,800's
57,900's
58,000's
58,100's
Box
1991/139-71 58,200's
58,300's
58,400's
58,500's
58,600's
58,700's
58,800's
58,900's
59,000's
59,100's
59,200's
59,300's
59,400's
59,500's
59,601, 59,603
Box
1991/139-72 Opinions, October 1978 - September 1979
36,192
46,583
50,857, 50,858
50,941
51,578, 51,970
52,000's
53,167, 53,186
53,310, 53,331
56,463
53,561, 53,566
53,600's
53,786
53,800's
55,200's
53,900's
54,000's
54,100's
54,200's
54,300's
54,400's
54,500's
54,600's
54,700's
54,800's
54,900's
55,000's
55,100's
Box
1991/139-73 55,300's
55,400's
55,500's
55,600's
55,700's
55,800's
55,900's
56,000's
56,100's
56,200's
Box
1991/139-74 56,300's
56,400's
56,500's
56,600's
56,700's
56,800's
56,900's
57,000's
57,100's
Box
1991/139-75 57,200's
57,300's
57,400's
57,500's
57,600's
57,700's
57,800's
57,900's
Box
1991/139-76 58,000's
58,100's
58,200's
58,300's
58,400's
58,500's
58,600's
58,700's
58,800's
58,900's
59,000's
59,100's
59,200's
59,300's
59,400's
59,500's
Box
1991/139-77 59,600's
59,700's
59,800's
59,900's
60,000's
60,100's
60,200's
60,300's
60,400's
60,500's
60,600's
Box
1991/139-78 60,700's
60,800's
60,900's
61,000's
61,100's
61,200's
61,300's
61,400's
61,500's
61,600's
61,700's
61,800's
61,900's
62,000's
62,100's
62,200's
62,300's
62,600's
62,705
Box
1991/139-79 Opinions, October 1979 - September 1980
50,412
50,613
55,916
51,116
51,871
52,466
52,812
53,146
53,679
53,713
53,890
53,939, 53,948
54,136
54,451
54,596
54,732
55,007, 55,079
55,134
55,228, 55,259
55,448, 55,466
55,586, 55,590, 55,592
55,600's
55,796, 55,797
55,811, 55,823
55,902, 55,910,
56,000's
56,100's
56,227
56,300's
56,400's
56,544
56,600's
56,747, 56,745
56,800's
56,906, 56,990
57,000's
57,102, 57,175
57,200's
57,300's
57,400's
57,500's
57,600's
57,700's
57,800's
57,900's
Box
1991/139-80 58,000's
58,100's
58,200's
58,300's
58,400's
58,500's
58,600's
58,700's
58,800's
58,900's
Box
1991/139-81 59,000's
59,100's
59,200's
59,300's
59,400's
59,500's
59,600's
59,700's
59,800's
59,900's
60,000's
60,100's
60,200's
60,300's
60,400's
60,500's
60,600's
60,700's
60,800's
60,900's
61,000's
61,100's
61,200's
Box
1991/139-82 61,300's
61,400's
61,500's
61,600's
61,700's
61,800's
61,900's
62,000's
62,100's
62,200's
62,300's
62,400's
62,500's
62,600's
Box
1991/139-83 62,700's
62,800's
62,900's
63,000's
63,100's
63,200's
63,300's
63,400's
63,500's
63,600's
63,700's
Box
1991/139-84 63,800's
63,900's
64,000's
64,100's
64,200's
64,300's
64,400's
64,500's
64,600's
64,700's
64,800's
64,900's
65,000's
65,100's
65,200's
65,300's
65,400's
65,500's
65,600's
65,739, 65,795
65,843
Box
1991/139-85 Opinions, October 1980 - September 1981
51,792
54,153
54,769
55,299
56,235, 56,236
56,400's
56,591
56,669, 56,695
56,991, 56,997
57,973
58,000's
58,100's
58,273
58,330
58,400's
58,500's
58,600's
58,700's
57,023
58,918
57,175, 57,195
57,349, 57,355
57,566
57,602, 57,628
57,765, 57,791
57,822
58,800's, 58,906,
59,000's
59,100's
59,200's
59,300's
59,400's
Box
1991/139-86 59,500's
59,600's
59,700's
59,800's
59,900's
60,000's
60,100's
60,200's
60,300's
Box
1991/139-87 60,400's
60,500's
60,600's
60,700's
60,800's
60,900's
61,000's
61,100's
61,200's
61,300's
61,400's
61,500
61,600's
61,700's
61,845
61,900's
62,000's
62,100's
62,200's
62,300's
62,400's
62,534
62,600's
62,700's
62,800's
62,900's
Box
1991/139-88 63,000's
63,100's
63,200's
63,300's
63,400's
63,500's
63,600's
63,700's
63,800's
63,926
64,000's
64,100's
64,200's
64,300's
64,400's
64.500's
64,600's
64,700's
64,800's
64,900's
65,000's
65,100's
65,200's
65,300's
65,400's
65,500's
65,600's
65,700's
Box
1991/139-89 65,800's
65,900's
66,000's
66,100's
66,200's
66,300's
66,400's
66,500's
66,600's
66,700's
66,800's
66,900's
Box
1991/139-90 67,000's
67,100's
67,200's
67,300's
67,400's
67,500's
7,600's
67,700's
67,800's
67,900's
68,000's
68,100's
68,200's
68,300's
68,400's
68,500's
68,800's
Box
1991/139-91 Opinions, October 1981 - September 1982
50-82
002-82
008-81
014-81
017-82
025-82
026-82
038-82
049-82
053-82
100-82
103-82
108-82
115-82
117-82
119-82
159-82 / 160-82
166-82
188-82 / 189-82 / 190-82
235-82
256-82
263-82
278-82
280-82
287-82
289-82
337-82
355-82
386-82
459-82
476-82
522-82
548-82
49,328
52,384
52,999
55,470
56,634
56,847 / 56,848
57,272
57,536, 57,579
57,848
58,051
58,125
58,241
58,580
58,654
58,775, 58,785
58,970
59,000's
59,213, 59,267
59,313, 59,335, 59,348
59,796
59,800's
59,944
Box
1991/139-92 60,000's
60,100's
60,200's
60,300's
60,400's
60,500's
60,600's
60,700's
60,800's
60,900's
61,000's
61,100's
61,200's
Box
1991/139-93 61,300's
61,400's
61,500's
61,600's
61,700's
61,800's
61,900's
62,000's
62,100's
Box
1991/139-94 62,200's
62,300's
62,400's
62,500's
62,600's
62,700's
62,800's
62,900's
63,000's
63,100's
63,200's
63,300's
63,400's
Box
1991/139-95 63,500's
63,600's
63,762
63,830, 63,880
63,977, 63,997
64,100's
64,200
64,326
64,406
64,500's
64,621
64,758
64,800's
64,943
65,169, 65,183
65,200's
65,300's
65,451
65,587
65,686
65,728, 65,774
65,800's
65,958, 65,997
66,000's
66,173 / 66,345
66,215, 66,248
66,318, 66,347
66,400's
66,500's
66,600's
66,700's
66,800's
66,900's
67,000's
67,100's
67,200's
67,300's
67,400's
67,500's
67,600's
67,700's
67,800's
67,900's
Box
1991/139-96 68,000's
68,100's
68,200's
68,300's
68,400's
68,500's
68,600's
68,700's
68,800's
68,900's
69,000's
Box
1991/139-97 Opinions, October 1982 - September 1983
000-00's
100-00's
200-00's
300-00's
400-00's
500-00's
600-00's
700-00's
800-00's
900-00's
1000-00's
13-82-037
0679-83
55,587
57,919
58,000's
59,000's
Box
1991/139-98 60,000's
60,100's
60,200's
60,300's
60,400's
60,500's
60,600's
60,700's
60,800's
60,900's
61,000's
61,100's
61,200's
61,300's
61,400's
61,500's
61,600's
61,700's
61,800's
61,900's
62,000's
62,100's
62,200's
62,300's
62,400's
62,500's
62,600's
62,700's
62,800's
62,900's
Box
1991/139-99 63,000's
63,100's
63,200's
63,300's
63,400's
63,500's
63,600's
63,700's
63,800's
63,900's
64,000's
64,100's
64,200's
64,300's
64,400's
64,500's
64,600's
64,700's
64,800's
64,900's
Box
1991/139-100 65,000's
65,100's
65,200's
65,300's
65,400's
65,500's
65,600's
65,700's
65,800's
65,900's
66,000's
66,100's
66,200's
66,300's
66,400's
66,500's
66,600's
66,700's
66,800's
66,900's
67,000's
67,100's
67,200's
67,300's
67,446
67,500's
67,600's
67,700's
67,800's
67,900's
Box
1991/139-101 004-83
68,000's
68,100's
68,200's
68,300's
68,400's
68,500's
68,600's
68,700's
68,800's
68,900's
Box
1991/139-102 69,000's
[2 folders]
Opinions, October 1983 - September 1984
(Please note: Records present for the 1983 portion of this term only.)
000-00's
100-00's
200-00's
300-00's
400-00's
505-83
600-00's
700-00's
800-00's
900-00's
0000-00's
1000-00's
58,605
60,130
60,872
60,996
61,060
61,396
62,067 / 62,068
62,417, 62,425
62,562, 62,598
62,626
62,752
63,004
Box
1991/139-103 63,200's
63,300's
63,400's
63,500's
63,600's
63,700's
63,800's
63,900's
64,000's
64,126, 64,134
64,355, 64,367
64,405
64,655
64,970
65,000
65,164
65,751
65,821
65,911
66,036
66,131
66,301
66,696
66,708
66,966
67,064
67,196
67,294
67,322
67,451, 67,452
68,000's
68,100's
68,208, 68,253
68,300's
68,400's
68,500's
68,600's
68,700's
68,800's
69,100's
69,200's
Laws, 65th Legislature, 1978
[pamphlet]
Opinion registers, 1921-1954,
0.34 cubic ft. (5 volumes)
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 document the opinions issued by the court. They consist of five volumes which serve as registers to opinions, 1921-1954, written by Texas Court of Criminal Appeals Judges W. C. Morrow (three volumes, January 1921 through ca. May 1937), George Calhoun (1927-1933), C. G. Krueger (1933-1935), and H. N. Graves (October 1937-December 1954). The information given varies from judge to judge, and from volume to volume. All give the name of the appellant and the county; most give the offense, citation, and number; some give the date and action/disposition of case.
Arrangement
These volumes have been arranged by State Archives staff chronologically. Within each volume arrangement by the creator is usually chronological; one opinion register is alphabetical by county, and the index is alphabetical by name of appellant.
Volume
211-132 Docket of Cases Written by Judge W. C. Morrow since January 1921
Volume
211-135 Opinions by Judge W. C. Morrow since January 1921
[alphabetical by county]
Volume
211-133 Index of Cases Decided by Judge W. C. Morrow since October 1, 1932
[alphabetical by appellant]
Volume
211-131 Opinions by Judges George Calhoun and C. G. Krueger (1927-1933) and (1933-1935), 1927-1935
Volume
211-130 Opinions Written by [Cases Decided by] Judge H. N. Graves, October 29, 1937-December 31, 1954



 

Orders, 1953-1972,
0.5 cubic ft.

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). The Court also has sole authority to grant the writ of habeas corpus to a person who has been convicted of a felony (which is a crime that is punishable by death or by imprisonment in the Department of Criminal Justice). These records are orders primarily concerning applications or petitions to file for writs of habeas corpus or writs of mandamus, dating 1953-1972. These applications are considered and either granted or denied by the Texas Court of Criminal Appeals.
Arrangement
These records were arranged by the creator in reverse numerical order, by application number.
Preferred Citation
(Identify the item), Orders, Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.
Restrictions on Access
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.).
Accession Information
Accession number: 1991/139
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 (via the Tarlton Law Library of the University of Texas at Austin), on April 24, 1991.
Processed by
Lisa M. Hendricks, February 1992
Box
1991/139-104 No. 3672 - No. 805
No. 799 - No. 516
No. 575 - No. 351
No. 350 - No. 176
No. 175 - No. 1



 

Dockets, 1892-1925,
8.29 cubic ft. (38 volumes)

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 document the docketing activities of the court. (A docket may be defined as either a calendar of cases awaiting action in a court, or a brief entry of the court proceedings in a legal case.) These records consist of assignment dockets, dockets, execution dockets, and assistant attorney general's dockets of the Texas Court of Criminal Appeals, dating 1892-1925.
The dockets (assignment dockets before 1909) provide one way (if the researcher knows the year) of determining the numbers assigned to the cases heard between 1892 and 1925, although there are many gaps. Another way to determine the number of a case, especially if the researcher only knows the appellant's name, is through the general indexes (for the Tyler and Dallas terms before 1909, and for all cases between 1909 and 1947). Of course probably a better, quicker, and surer means of discovering the number is through the published Texas Criminal Reports, which has an alphabetical table of contents at the beginning of each volume.
Organization
These records have been organized by State Archives staff into four subseries:
Assignment dockets, 1892-1909, 4 cubic ft. (21 volumes)
Dockets, 1908-1913, 1916-1925, 2.51 cubic ft. (8 volumes)
Execution dockets, 1893-1909, 0.28 cubic ft. (2 volumes)
Assistant Attorney General's dockets, 1895-1905, 1.5 cubic ft. (7 volumes)
Preferred Citation
(Identify the item), Dockets, Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.
Restrictions on Access
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.).
Accession Information
Accession number: 1993/088
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 (via the Tarlton Law Library of the University of Texas at Austin), on June 9, 1992.
Processed by
Tony Black, August 1993
Assignment dockets, 1892-1909,
4 cubic ft. (21 volumes)
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 document the docketing activities of the court. They consist of 21 assignment dockets, volumes dating 1892 through 1909, which include the following information: docket number, attorneys, parties (i.e., style), county, crime (usually specific if a felony, otherwise simply whether a felony or misdemeanor), sentence (usually, if a felony), date filed, orders of the former term, and orders of the present term. These last two columns provide a case history (e.g., "Mandate 6/29/1900. May 16, 1900: Submitted on brief for appellant (776); May 23, 1900: Reversed and remanded. Opinion by Davidson, P.J. (783).") Separate dockets were maintained until 1909 for each of the three terms of the court: Tyler (4 volumes), Dallas (5 volumes), and Austin (12 volumes). Many years are not represented, especially in the Tyler and Dallas terms; the extant dockets represent less than one-half of the total possible. Three of the dockets have separate indexes (all for the Austin term, 1896, 1905, and 1908).
Note: an "assignment" was a two week period within a term during which appeals were heard from one particular geographical area; the fifth assignment was reserved for cases transferred from other branches of the court, and for felony cases sent directly from counties not named in preceding assignments. With the centralization of the Court in Austin, 1909, the assignment system was abolished.
Arrangement
These volumes have been arranged by State Archives staff by term, and therein chronologically. Arrangement by the creator within each docket volume is by assignment (1st through 5th), and then numerical within each assignment.
Volume
211-040 Tyler Term (1892-1909)
Tyler Term, 1892, #1-595, October 4, 1892-December 22 1892
Volume
211-043 Tyler Term, 1898, #1620-1965, January-December 28, 1898)
Volume
211-061 Tyler Term, 1899, #1865-2200, September 26, 1898-February 8, 1900
Volume
211-062 Tyler Term, 1905, #3101-3389, May 15, 1905-December 23, 1905
Volume
211-041 Dallas Term (1893-1909)
Dallas Term, vol. 2, #81-466, January 2, 1893-March 28, 1894
Volume
211-042 Dallas Term, vol. 3, 1895, #81-758, January 2, 1893-July 27, 1895
Volume
211-049 Dallas Term, vol. 5, 1897, #263-1332, December 14, 1893-March 8, 1897
Volume
211-046 Dallas Term, 1902, #2500-2757, March 29, 1902-March 25, 1903
Volume
211-052 Dallas Term, 1908, #3978-4353, April 15, 1907-March 16, 1908
Volume
211-073 Austin Term (1892-1909)
Austin, April Term, 1894, #212-541, May 24, 1893-September 23, 1894
Volume
211-064 Austin, April Term, 1896, #547-1109, December 5, 1895-August 25, 1896
[index = 211-084]
Volume
211-044 Austin, April Term, 1898, #548-1864, December 15, 1895-December 15, 1898)
Volume
211-045 Austin, April Term, 1899, #548-1864, December 15, 1895-December 22, 1899)
Volume
211-118 Austin, April Term, 1900, #1836-2066, June 26, 1899-December 1, 1900
Volume
211-112 Austin, April Term, 1901, #2058-2263, August 30, 1890-November 9, 1901)
[spine erroneously says Court of Civil Appeals]
Volume
211-117 Austin, April Term, 1902, #2248-2448, July 27, 1901-September 20, 1902
Volume
211-047 Austin, April Term, 1903, #2428-2665, July 11, 1902-December 2, 1903
Volume
211-048 Austin, April Term, 1905, #2843-3105, June 28, 1904-December 27, 1905
[index = 211-085]
Volume
211-050 Austin, April Term, 1907, #3371-3695, July 21, 1906-December 2, 1907
Volume
211-051 Austin, April Term, 1908, #3631-3970, July 11, 1907-December 7, 1908
[index = 211-125]
Volume
211-053 Austin, April Term, 1909, #3952-4329, August 28, 1908-July 16, 1909
Dockets, 1908-1913, 1916-1925,
2.51 cubic ft. (8 volumes)
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 document the docketing activities of the court. They consist of eight dockets, volumes covering Cases 1 thru 2712, and 4336 thru 9849 (1908-1913 and 1916-1925). They contain the same information, in the same format, as the assignment dockets: docket number, attorneys, parties (i.e., style), county, crime (if a felony, otherwise simply "misdemeanor"), sentence, date filed, orders of the former term, and orders of the present term. These dockets cover the first two decades of the centralized period of the Court of Criminal Appeals (beginning with the 1909 term which started in October, but including cases which had been filed as early as September 1908, and extending through October 3, 1925). There appears to be only one gap, namely between October 1913 and December 19, 1916 (Cases Number 2713 thru 4335). Each docket volume contains an index.
Arrangement
These volumes have been arranged by State Archives staff chronologically, which is also numerically by docket number. Arrangement by the creator within each volume is strictly numerical by docket number.
Volume
211-063 Cases 1-1356 (September 7, 1908-July 1, 1911)
Volume
211-065 Cases 1357-2712 (July 3, 1911-July 31, 1913)
Volume
211-066 Cases 4336-5157 (December 20, 1916-August 5, 1918)
Volume
211-067 Cases 5158-5997 (August 6, 1918-September 16, 1920)
Volume
211-068 Cases 5998-6651 (September 16, 1920-October 24, 1921)
Volume
211-069 Cases 6652-7803 (October 22, 1921-April 7, 1923)
Volume
211-070 Cases 7804-9009 (April 7, 1923-September 19, 1924)
Volume
211-071 Cases 9010-9849 (September 20, 1924-October 3, 1925)
Execution dockets, 1893-1909,
0.28 cubic ft. (2 volumes)
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 two "execution dockets" which document the collection of monetary payments ( not the execution of prisoners condemned to death). These volumes give the following information: docket number, names of parties (style), date of judgment, date of execution, county, amount of execution, sheriff's return (stating when and where judgment was executed). One docket covers the Dallas term, 1893-1894 and 1900-1902, and contains an index. The other docket (which also contains cases for the Court of Appeals for 1892) covers the Austin term, 1893-1909.
Arrangement
These volumes have been arranged by State Archives staff by term. Arrangement by the creator within each volume is numerical by docket number, which is also chronological.
Volume
211-072 Dallas Branch, #1-439, and #1950-2408, 1893-1894, 1900-1902
[with index]
Volume
211-122 Austin, #52-4264, 1893-1909
Assistant Attorney General's dockets, 1895-1905,
1.5 cubic ft. (7 volumes)
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 seven Assistant Attorney General's dockets, presumably documenting cases in which the assistant attorney general represented the state. These volumes give the following information: number, style, date of filing, nature of action (felony or misdemeanor), and proceedings of the court (e.g., affirmed, reversed and dismissed or remanded). One docket covers the Tyler term (1897), one covers the Dallas term (1905), and five cover the Austin term (1895-1903).
Arrangement
These volumes have been arranged by State Archives staff by term, and therein chronologically. Arrangement by the creator within each volume is numerical by docket number, which is also chronological.
Volume
211-056 Tyler Term, 1897
[extremely deteriorated]
Volume
211-060 Dallas Term, 1905
Volume
211-055 Austin Term, 1895
Volume
211-054 Austin Term, 1897
Volume
211-057 Austin Term, 1899
Volume
211-058 Austin Term, 1901
Volume
211-059 Austin Term, 1903



 

Indexes, 1892-1947,
2.29 cubic ft. (7 volumes)

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 document the activities of the court, serving as alphabetical indexes to both cases and dockets, dating 1892-1947. They consist of four general indexes, covering 1892-1947, and three dockets indexes, dating 1896, 1905, and 1908, of the Texas Court of Criminal Appeals.
The General Indexes for the Tyler term (Cases #1 thru 4218) and the Dallas term (Cases #1 thru 4668), each covering the entire period of their existence, 1892-1909, give the following information: appellant vs. appellee, primitive number, final number, volume of opinion record, and page.
There is one General Index, 1876-1920, which covers:
  1. the earlier Court of Appeals (1876-1892),
  2. the Austin term of the Court of Criminal Appeals (1892-1909), and
  3. the centralized Court of Criminal Appeals (1909-1920).
This index gives the following information: appellant, appellee, county, how disposed of (e.g. "R[eversed],""R[eversed] & R[emanded],""Aff[irmed]"), opinion by, record (e.g. J531, L66, N180, etc.), and [page?] number. Beginning with 1909 (which starts the centralized period of the Court of Criminal Appeals), this same index adds Docket Numbers in the "appellee" column (Cases #1-5607). The major disadvantages of this index are the lack of distinction between Court of Appeals and Court of Criminal Appeals cases (since no dates are given), and the lack of docket numbers for cases until 1909.
Another General Index covers the centralized period, from October 1919 thru September 1947 [Cases #5567-23, 907]. Information given in this index includes: number, appellant, county, how disposed of, opinion by, record, and number.
Finally, there are three indexes to dockets for the Court of Criminal Appeals, all for the Austin term, dated 1896, 1905, and 1908. All three have been identified as to which docket they pertain. The information these indexes provide includes number, parties, county, and page number.
Arrangement
These volumes have been arranged by State Archives staff by type of index, then by term if applicable, and then roughly chronologically. Each index was arranged by the creator roughly alphabetically by the last name of the appellant.
Preferred Citation
(Identify the item), Indexes, Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.
Restrictions on Access
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.).
Accession Information
Accession number: 1993/088
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 (via the Tarlton Law Library of the University of Texas at Austin), on June 9, 1992.
Processed by
Tony Black, August 1993
Volume
211-087 General Indexes, 1892-1909
General Index, Tyler, [#1-4218], 1892-1909
Volume
211-086 General Index, Dallas, vol. 1, [#1-4668], 1892-1909
Volume
211-025 General Index, Austin, [no case numbers], 1892-1909
General Indexes, Centralized period, 1909-1947
General Index, [ Cases #1-5607], 1909-1920
Volume
211-088 General Index, [Cases #5567-23, 907], October 1, 1919-September 1947
Volume
211-084 Indexes to Dockets, 1896-1908
Index to Docket, [Austin], 1896
[to Volume 211-064]
Volume
211-085 Index to Docket, [Austin], 1905
[to Volume 211-048]
Volume
211-125 Index to Docket, [Austin], 1908
[to Volume 211-051]



 

Accounting records, 1893-1944,
1.26 cubic ft. (9 volumes)

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). The court is permitted to charge fees and to collect court costs. These records document the accounting activities of the court. They consist of nine volumes, all covering some aspect of accounting or accountability for the Texas Court of Criminal Appeals, dating 1893-1994, including the following: attorney's receipts for transcript and papers, 1893-1906; two fee books, 1907-1913; a collections book, 1909-1923; a general volume, 1896; three appropriations books, 1917-1942; and an inventory of state property, 1944.
The Attorney's Receipts for Transcript and Papers, Dallas term (1893-1906), contains the following information: number of case, number of papers, style of case, name of attorney receiving the papers, when received, and when returned.
There is a General volume, with index, dated 1896 giving cash accounts.
There are two Fee Books, one for Dallas (1907-1909) and one for Austin (1909-1913), which give the following information: number, parties and county, mandate (when issued and to whom delivered), execution (when issued and to whom sent), bill of costs, and remarks.
A Collections Book (1909-1923) contains the following information: date, number, style, fees clerk of court, costs Attorney General, total, miscellaneous. The collections are mostly for "copy opinions."
There are three Appropriations books (1917-1942).
Finally, there is part of a volume which includes an Inventory of State Property, Court of Criminal Appeals, dated September 1944.
Arrangement
These volumes have been arranged by State Archives staff roughly chronologically. Arrangement by the creator within each volume is also chronological.
Preferred Citation
(Identify the item), Accounting records, Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.
Restrictions on Access
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.).
Accession Information
Accession number: 1993/088
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 (via the Tarlton Law Library of the University of Texas at Austin), on June 9, 1992.
Processed by
Tony Black, August 1993
Volume
211-039 Attorney's Receipts for Transcript and Papers, Dallas, Vol. 1, January 2, 1893-September 27, 1906
Volume
211-089 General volume, Cash/accounts, 1896
[with index]
Volume
211-075 Fee Book, Dallas, February 7, 1907-June 11, 1909
Volume
211-076 Fee Book, Austin, Number 3, October 11, 1909-May 2, 1913
Volume
211-115 Collections, June 14, 1909-August 1923
Volume
211-090 Appropriations, September 1917-August 1923
Volume
211-091 Appropriations, April 1925-August 1932
Volume
211-128 Appropriations, 1932-1942
Volume
211-024 Inventory of State Property, Court of Criminal Appeals, September 1944



 

Lists of appealed and referred cases, 1913-1934,
1.54 cubic ft.

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 document the activities of the court. They consist of three types of lists of cases appealed to the Texas Court of Criminal Appeals, dating 1913-1934.
The first type is a volume, a Clerk's Record listing cases filed between January 1913 and January 1923. Information in this volume includes style of case (actually, name of the Appellee), county, offense, date of appeal, date of filing certificate, date of filing record, and remarks.
The second type are certified lists of appealed cases, 1916-1921, filed by county and district clerks with the clerk of the Court of Criminal Appeals. These loose reports include the style of the case, the offense, the date of judgment, and the date of the notice of appeal.
The third type of lists are compiled into a volume (some entered, some simply stapled to a page), and comprise lists of cases referred or transferred by the "Commission in Aid of the the Court of Criminal Appeals," 1925-1934. Information on these lists includes case number, name of appellant, and county.
Arrangement
These records have been arranged by State Archives staff roughly chronologically. Arrangement by the creator within the first volume is chronological by the date of filing the certificate. Certified lists of appealed cases are filed by the creator alphabetically by the name of the county.
Preferred Citation
(Identify the item), Lists of appealed and referred cases, Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.
Restrictions on Access
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.).
Accession Information
Accession number: 1993/088
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 (via the Tarlton Law Library of the University of Texas at Austin), on June 9, 1992.
Processed by
Tony Black, August 1993
Volume
211-114 Clerk's Record, January 12, 1913-January 22, 1923
Box
1993/088-3286 Certified Lists of Appealed Cases, Counties A thru G 1916-1921,
Box
1993/088-3287 Certified Lists of Appealed Cases, Counties H thru W 1916-1921,
Volume
211-024 Lists of Cases Referred to Commission of Appeals, 1925-1934



 

Correspondence, 1896-1917, 1951-1953,
1.27 cubic ft.

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). A clerk is appointed to handle administrative duties relating to the court's functions. These records document some of the activities of the court clerk. They consist of correspondence, both incoming and outgoing, with two clerks of the Court of Criminal Appeals, widely separated by time: E. P. Smith (1896-1917), and Glenn Haynes (1951-1953). In both groups, some of the letters refer to specific cases heard by the court, and are to and from attorneys, district clerks, U.S. district attorneys, etc. The remainder of the letters in both groups concern relatively routine housekeeping matters, and are to and from banks, publishers, and other private firms. Correspondence from 1952-1953 is between the clerk and West Publishing Company. These letters involve specific cases, and include lists of motions for rehearing without written opinions, requests for editorial corrections, etc.
Besides the loose correspondence, there are two letterpress books, which contain copies of letters sent by E. P. Smith, 1905-1911, mainly concerning moneys owed and received for court costs (i.e., "execution.")
As a whole these letters are valuable chiefly as samples of the typical business conducted by the Clerk of the Court of Criminal Appeals.
Arrangement
These records have been arranged by State Archives staff roughly chronologically. Within each letterpress book arrangement by the creator is chronological.
Preferred Citation
(Identify the item), Correspondence, Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.
Restrictions on Access
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
Letterpress books are extremely fragile; pages are tissue-thin and bindings are either broken already or ready to break. Therefore they may not be photocopied, and must be treated with great care.
Accession Information
Accession number: 1993/088
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 (via the Tarlton Law Library of the University of Texas at Austin), on June 9, 1992.
Processed by
Tony Black, August 1993
Box
1993/088-3288 Correspondence, E. P. Smith (Clerk of Court of Criminal Appeals), A thru E, 1896-1917
Payroll of officers and employees of Court of Criminal Appeals, July 1917
Volume
211-092 Letterpress Book, E. P. Smith, June 2, 1905-July 29, 1908
Volume
211-129 Letterpress Book, E. P. Smith, August 10, 1908-July 19, 1911
Box
1993/088-3289 Correspondence, Glenn Haynes (Clerk of Court of Criminal Appeals), 1951
Correspondence with West Publishing, Glenn Haynes (Clerk of Court of Criminal Appeals), 1952-1953



 

Press releases, 1971, 1977-1979, 1983-1988, 1990-1991, 1993,
fractional

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 document some of the activities of the court. They consist of press releases or news releases dating 1971, 1977-1979, 1983-1988, 1990-1991, and 1993. Topics of the press releases include the following activities of judges of the Court of Criminal Appeals: swearing in of new judges, announcing political plans of former judges, filing for re-election, announcing memorial services for deceased judges, the issuing of Rules of Criminal Evidence and Rules of Criminal Procedure, and the appointing (by the court) of a district judge for considering interception applications for wiretaps.
Arrangement
These records are arranged by State Archives staff in reverse chronological order.
Preferred Citation
(Identify the item), Press releases, Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession Information
Accession number: 2006/156
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Legislative Reference Library on January 26, 2006.
Restrictions on Access
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.).
Processed by
Tony Black, December 2008
Box
2006 Accessions Box 3 (2006/156) Press releases, 1971, 1977-1979, 1983-1988, 1990-1991, 1993



 

Case files, 1892-1990,
5,816.58 cubic ft.

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 contain the most thorough documentation of the cases heard before the court. They consist of case files containing copies of documents filed with the Texas Court of Criminal Appeals (indictments, pleas of the defendant, statements of fact, testimony, bills of exception, assignments of error, charges of the court, verdicts and judgments, motions, orders, briefs, sentences, etc.), as well as documents created for or by the Court of Criminal Appeals (motions, briefs, arguments, orders, opinions, etc.), dating from 1892 through 1990.
A significant gap in the case files exists, between 1899 (Case #1699) and 1908 (Case #4668?). Only about eighteen cases are extant for this period, with only nine of any size. These are retained at the Archives rather than being stored off-site.
Two numbering systems existed for the case files: one for the period of the three geographically distinct terms (1892-1909), and one for the period of the centralized court (1909-1975). During the first period (1892-1909), each term (Tyler, Dallas, and Austin) maintained separate numbers for their cases; consequently, the same case number may be used for up to three different cases, requiring the researcher to specify which term he desires for that case (e.g. #889 Dallas). Beginning with the second period (starting October 1909), that of the centralized court, only one numbering system is used.
The dockets (assignment dockets before 1909) provide one way (if the researcher knows the year) of determining the numbers assigned to the cases heard between 1892 and 1925, although there are many gaps. Another way to determine the number of a case, especially if the researcher only knows the appellant's name, is through the general indexes (for the Tyler and Dallas terms before 1909, and for all cases between 1909 and 1947). Of course probably a better, quicker, and surer means of discovering the number is through the published Texas Criminal Reports, which has an alphabetical table of contents at the beginning of each volume.
[Note that Centralized court case files numbers 2 thru 25006, 1909-1950, Centralized court case files number 25007 thru 49719, 1950-1975, and Centralized court case files number 49720 thru 71207, 1975-1990, are listed separately online and appear at the end of the printed finding aid in the Archives Reading Room.]
Note: Most of these records are stored at the State Records Center. 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. A list of case numbers for missing case files follows, which the researcher should check before requesting that a case file be retrieved from the Texas State Library's State Records Center. Also important to check is the list of cases retained at the Archives Division (following the list of missing cases); these include the appeals for Jack Ruby and Billie Sol Estes, plus those for the period of missing cases (1899-1909), plus several others.
Arrangement
These records have been arranged by State Archives staff numerically, which is to say roughly chronologically in the order that the cases were filed with the court.
Preferred Citation
(Identify the item), Case files, Texas Court of Criminal Appeals records. Archives and Information Services Division, Texas State Library and Archives Commission.
Restrictions on Access
Case 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.
Case 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 Case 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.).
Accession Information
Accession numbers: 1993/088, 2006/074, 2010/139, 2012/050
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 (via the Tarlton Law Library of the University of Texas at Austin), on June 9, 1992; and directly by the Texas Court of Criminal Appeals on November 22, 2005 (one case); August 10, 2010; and September 19, 2011.
Processed by
Tony Black, August 1993, December 2008, October 2010
One accession added by Tony Black, March 2012
Box
1993/088-1 Case files, 1892-1909
1 thru 64
[Note: Case #1 (Dallas) is stored on site at the State Archives, in Box 1993/088-3296]
Box
1993/088-2 66 thru 85
Box
1993/088-3 86 thru 107
Box
1993/088-4 108 thru 130
Box
1993/088-5 131 thru 152
Box
1993/088-6 153 thru 183
Box
1993/088-7 184 thru 207
Box
1993/088-8 208 thru 230
Box
1993/088-9 231 thru 259
Box
1993/088-10 260 thru 334
Box
1993/088-11 335 thru 353
Box
1993/088-12 356 thru 374
Box
1993/088-13 375 thru 389
Box
1993/088-14 391 thru 402
Box
1993/088-15 403 thru 434
Box
1993/088-16 435 thru 467
Box
1993/088-17 472 and 495
Box
1993/088-18 496 and 529
Box
1993/088-19 530 and 594
Box
1993/088-20 596 thru 635
Box
1993/088-21 636 thru 655
Box
1993/088-22 657 thru 672
Box
1993/088-23 674 thru 695
Box
1993/088-24 699 thru 730
Box
1993/088-25 734 thru 769
[Note: Case # 746 is stored on site at the State Archives, in Box 1993/088-3296]
Box
1993/088-26 770 thru 793
Box
1993/088-27 794 thru 807
Box
1993/088-28 808 thru 828
Box
1993/088-29 829 thru 850
Box
1993/088-30 853 thru 883
Box
1993/088-31 883 thru 901
Box
1993/088-32 902 thru 920
Box
1993/088-33 921 thru 937
Box
1993/088-34 938 thru 960
Box
1993/088-35 961 thru 982
Box
1993/088-36 983 thru 1019
Box
1993/088-37 1022 thru 1068
Box
1993/088-38 1069 thru 1099
Box
1993/088-39 1100 thru 1132
Box
1993/088-40 1134 thru 1159
Box
1993/088-41 1161 thru 1182
Box
1993/088-42 1183 thru 1200
Box
1993/088-43 1201 thru 1223
Box
1993/088-44 1224 thru 1256
Box
1993/088-45 1257 thru 1282
Box
1993/088-46 1283 thru 1329
Box
1993/088-47 1330 thru 1372
Box
1993/088-48 1375 thru 1413
Box
1993/088-49 1416 thru 1439
Box
1993/088-50 1441 thru 1482
Box
1993/088-51 1483 thru 1526
Box
1993/088-52 1528 thru 1562
Box
1993/088-53 1565 thru 1597
Box
1993/088-54 1601 thru 1643
Box
1993/088-55 1644 thru 1698
[Note: a number of cases following 1698 have been retained on site at the State Archives, in Box 1993/088-3296; see the list below for precise case file numbers.]
Box
1993/088-3296 Court of Criminal Appeals Case Files Retained at the Archives Division, 1892-1909
Case #1 (Dallas) Dan Foreman, 1892
Case #746 (Dallas) William King, 1895
Case #1711 (Dallas) G. W. Caskey, 1898
Case #1741 (Tyler) Bill Alexander, 1898
Case #1834 (Tyler) Louis Luttrell, 1898
Case #1851 (Austin) John H. Gregory, 1898
Case #1864 (Dallas) Tom Bullard, 1899
Case #1883 (Dallas) J. B. Warfield, 1899
Case #2481 (Dallas) Tom Duffy, 1902
Case #2491 (Dallas) Charlie Alexander, 1902
Case #3151 (Dallas) Lee Arnwine, 1906
Case #3172 (Dallas) Teofilo Campas, 1906
Case #3183 (Dallas) J. C. Mundine, 1906
Case #3185 (Dallas) Jack Early, 1906
Case #3230 (Dallas) Charley Stephens, 1906
Case #3238 (Dallas) Dr. C. C. Blair, 1906
Case #3264 (Dallas) J. D. King, 1906
Case #3614 (Dallas) Henry Patterson, 1906
Case #3851 (Tyler) J. R. Green, 1907
Case #4583 (Dallas) W. E. Bowmer, 1909
Missing Case Files from Court of Criminal Appeals, 1892-1909
Missing case files from 1892 to 1909 have only been listed if the case file number is missing from each of the three terms discussed above. Cases missing from only one or two of the terms have not been included in the list. Therefore, the researcher should not assume that a case exists simply because it has not been listed below.
  • 11 thru 12
  • 19
  • 22
  • 24
  • 27 thru 35
  • 37 thru 49
  • 51 thru 55
  • 57 thru 60
  • 62 thru 63
  • 65
  • 67 thru 69
  • 71
  • 73 thru 74
  • 89 thru 91
  • 96
  • 113
  • 122
  • 124
  • 127
  • 133
  • 140 thru 142
  • 145 thru 146
  • 158
  • 160
  • 162
  • 168 thru 170
  • 172
  • 178
  • 180
  • 196
  • 198 thru 200
  • 203
  • 205
  • 210
  • 232
  • 248
  • 253 thru 254
  • 263
  • 266
  • 270 thru 317
  • 324
  • 327
  • 340
  • 346
  • 349
  • 351
  • 354 thru 355
  • 366
  • 373
  • 384
  • 390
  • 392
  • 407 thru 408
  • 414 thru 415
  • 419 thru 420
  • 423
  • 430 thru 431
  • 433
  • 437
  • 441 thru 443
  • 449 thru 450
  • 454
  • 456 thru 457
  • 464 thru 465
  • 468 thru 471
  • 473
  • 477
  • 480 thru 482
  • 484
  • 492 thru 494
  • 514
  • 520 thru 521
  • 523 thru 532
  • 534
  • 540 thru 565
  • 567 thru 575
  • 577 thru 585
  • 587
  • 590
  • 593
  • 595
  • 598
  • 600 thru 606
  • 610
  • 614 thru 619
  • 621
  • 623 thru 625
  • 627 thru 628
  • 639
  • 652
  • 654
  • 656
  • 673
  • 688
  • 690
  • 696 thru 698
  • 702
  • 705 thru 707
  • 713
  • 716
  • 720 thru 721
  • 731 thru 733
  • 741
  • 743
  • 745
  • 748 thru 749
  • 751 thru 753
  • 755 thru 756
  • 761
  • 774
  • 786
  • 793
  • 798
  • 826
  • 842
  • 846
  • 851 thru 852
  • 855 thru 856
  • 860 thru 861
  • 863 thru 864
  • 867 thru 868
  • 872 thru 873
  • 876 thru 879
  • 895 thru 896
  • 904
  • 906
  • 911
  • 918
  • 924
  • 927
  • 930
  • 935
  • 939
  • 946
  • 962 thru 964
  • 969 thru 970
  • 972
  • 986
  • 991
  • 1,000 thru 1,001
  • 1,003
  • 1,005
  • 1,008 thru 1,009
  • 1,013
  • 1,016 thru 1,017
  • 1,020 thru 1,021
  • 1,024 thru 1,027
  • 1,032 thru 1,033
  • 1,035
  • 1,037 thru 1,038
  • 1,047
  • 1,052 thru 1,056
  • 1,060
  • 1,071
  • 1,076
  • 1,080
  • 1,089
  • 1,092
  • 1,094
  • 1,106
  • 1,112
  • 1,114
  • 1,116 thru 1,117
  • 1,131
  • 1,133
  • 1,141
  • 1,148
  • 1,154
  • 1,157
  • 1,160
  • 1,166
  • 1,168
  • 1,172 thru 1,177
  • 1,180
  • 1,184
  • 1,191
  • 1,204
  • 1,207
  • 1,213
  • 1,218
  • 1,220
  • 1,225
  • 1,232
  • 1,241
  • 1,248
  • 1,255
  • 1,260
  • 1,271
  • 1,277
  • 1,284
  • 1,287 thru 1,288
  • 1,298 thru 1,299
  • 1,301 thru 1,304
  • 1,314 thru 1,317
  • 1,320 thru 1,321
  • 1,323 thru 1,325
  • 1,332 thru 1,336
  • 1,339 thru 1,340
  • 1,342
  • 1,347
  • 1,351 thru 1,352
  • 1,357 thru 1,362
  • 1,366
  • 1,369
  • 1,371
  • 1,373 thru 1,374
  • 1,379
  • 1,384
  • 1,388 thru 1,389
  • 1,393 thru 1,395
  • 1,404
  • 1,406
  • 1,414 thru 1,415
  • 1,425 thru 1,427
  • 1,430 thru 1,431
  • 1,433
  • 1,436
  • 1,440
  • 1,443 thru 1,446
  • 1,448 thru 1,450
  • 1,452
  • 1,456 thru 1,457
  • 1,459 thru 1,464
  • 1,466
  • 1,468
  • 1,472 thru 1,473
  • 1,490
  • 1,495 thru 1,496
  • 1,503 thru 1,505
  • 1,509 thru 1,510
  • 1,512
  • 1,518
  • 1,520
  • 1,527
  • 1,530
  • 1,534 thru 1,535
  • 1,540
  • 1,544
  • 1,549
  • 1,556
  • 1,563 thru 1,564
  • 1,567 thru 1,568
  • 1,580
  • 1,598 thru 1,600
  • 1,604
  • 1,606
  • 1,609
  • 1,611
  • 1,615 thru 1,617
  • 1,620
  • 1,622
  • 1,624
  • 1,627
  • 1,637 thru 1,639
  • 1,642
  • 1,645 thru 1,646
  • 1,648
  • 1,650 thru 1,655
  • 1,657 thru 1,659
  • 1,661 thru 1,667
  • 1,671 thru 1,673
  • 1,675 thru 1,676
  • 1,683
  • 1,685
  • 1,688 thru 1,689
  • 1,692 thru 1,695
  • 1,697
  • 1,699 thru 4,668 [except for 18 cases retained at Archives--see list in this inventory]
Centralized Court Case Files, 1909-1990
[Note that Centralized court case files numbers 2 thru 25006, 1909-1950, numbers 25007 thru 49719, 1950-1975, and numbers 49720 thru 71207, 1975-1990, are listed separately online and appear at the end of the printed finding aid in the Archives Reading Room.]
Court of Criminal Appeals Case Files Retained at the Archives Division, 1909-1975
Box
1993/088-3289 Case #2044 Henry Brock, 1912
Oversize
1993/088-3297 Case #27948 Tommy Windham, 1955
[part, oversize]
Oversize
1993/088-3298 Case #28776 B. R. Sheffield (exhibits), 1959
[oversize]
Oversize
1993/088-3297 Case #31770 A. M. Vernon, 1960
[part, oversize]
Box
1993/088-3294 and 3295 Case #36086 Billie Sol Estes, 1963
Box
1993/088-3291 thru 3293 Case #37900 Jack Rubenstein, alias Jack Ruby, 1966
Box
1993/088-3290 Case #39613 Jack Ruby, ex parte, 1966
Box
1993/088-3295 Case #40966 Kenneth Allen McDuff, 1967
Box
2006/074 Case #45104 William Zanders, 1971-1972
[2 wallets]
Case #49090 William Zanders, 1975
[1 wallet]
Missing Case Files from Court of Criminal Appeals, 1909-1975
  • 1
  • 3 thru 4
  • 6
  • 8 thru 14
  • 16 thru 20
  • 25 thru 28
  • 30 thru 31
  • 38 thru 44
  • 47 thru 54
  • 58 thru 61
  • 63 thru 68
  • 70
  • 72 thru 81
  • 84 thru 107
  • 109
  • 111 thru 113
  • 115
  • 117 thru 122
  • 124 thru 126
  • 129 thru 132
  • 134
  • 136 thru 137
  • 140 thru 146
  • 151
  • 153 thru 156
  • 159 thru 161
  • 164 thru 167
  • 169 thru 179
  • 182 thru 192
  • 195
  • 203 thru 212
  • 214
  • 216
  • 218 thru 219
  • 221 thru 223
  • 228 thru 232
  • 236
  • 239 thru 240
  • 242
  • 244 thru 248
  • 250
  • 252
  • 256
  • 258 thru 264
  • 267
  • 271
  • 278
  • 282
  • 285 thru 286
  • 297
  • 310
  • 315 thru 316
  • 322
  • 349
  • 366 thru 367
  • 372
  • 430
  • 509
  • 855
  • 1,115
  • 1,162
  • 1,690
  • 2,044
  • 2,312
  • 2,679
  • 3,291 thru 3,318
  • 3,320
  • 3,736
  • 4,344
  • 4,821
  • 4,974
  • 5,202
  • 5,252
  • 5,900
  • 5,991
  • 6,090
  • 6,104
  • 6,530
  • 6,541
  • 6,632
  • 6,830
  • 6,852
  • 7,254
  • 7,312
  • 7,324
  • 7,374
  • 7,412
  • 7,449
  • 7,616
  • 7,771
  • 7,968
  • 8,019
  • 8,067
  • 8,458
  • 8,486
  • 8,635
  • 9,090 Vols. I, II, III & V found
  • 9,294
  • 9,768
  • 10,342
  • 10,455
  • 10,560
  • 11,436
  • 11,447
  • 11,679
  • 14,115
  • 15,180
  • 15,588
  • 15,925
  • 16,114
  • 16,444
  • 16,800
  • 17,113
  • 17,296
  • 17,315
  • 17,524
  • 17,777
  • 17,884
  • 17,958
  • 17,963
  • 18,080
  • 18,218
  • 18,221 thru 18,222
  • 18,440
  • 18,856
  • 22,185
  • 24,387
  • 24,388
  • 24,434
  • 25,413
  • 25,468
  • 31,138
  • 32,005
  • 33,826
  • 35,995 thru 36,019
  • 36,981
  • 38,910
  • 39,902
  • 40,766
  • 41,837
  • 43,658
  • 44,081
  • 46,203
  • 46,546
  • 46,612
  • 47,956
  • 49,396
  • 49,579



 

Petitions for discretionary review files, 1981-1991,
325 cubic ft.

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.
If you are reading this electronically, click on the link to go to the full finding aid. If you are reading this in paper, the series finding aid is found at a separate divider within the binder: Texas Court of Criminal Appeals petitions for discretionary review files.



 

Execution case files, 1974-2010,
1,141.75 cubic ft.

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). The appellate jurisdiction of the Court of Criminal Appeals is exclusive for cases involving the death penalty and the appeals process in such cases is automatic. These records provide the fullest documentation of those capital cases, each of which ended in the execution of the prisoner (1993-2010). Records include grand jury, hearing, trial, and voir dire examination transcripts, briefs, copies of exhibits, statements, correspondence, memoranda, opinions, motions, death warrants, indexes, juror questionnaires, post-conviction writs of habeas corpus, photographs, videotapes, audio cassettes, floppy discs, and several X-rays, dating 1974-2010. The appeals document the cases of all prisoners executed in Texas from 1999 to 2010; a few of the executions that occurred between 1993 and 1998 are also documented. Earlier death penalty appeals (prior to 1988) may be documented in the series Case files.
These records are restricted. Please refer back to the Restrictions statements listed early in this inventory, which are also repeated in the full finding aid linked in the next paragraph.
If you are reading this electronically, click on the link to go to the full finding aid. If you are reading this in paper, the series finding aid is found at a separate divider within the binder: Texas Court of Criminal Appeals execution case files.