Cecil R. McDonald v. State
401 S.W.3d 360
Tex. App.2013Background
- McDonald challenged his murder conviction (2000-434,614) via another direct appeal after prior direct appeal affirmed on merits.
- Appellate history shows initial direct appeal denied August 29, 2007; CCA denied discretionary review; mandate issued May 15, 2008.
- Appellant pursued further attempts (2011, 2012) to obtain review, all dismissed for lack of jurisdiction.
- Court repeatedly held it lacked jurisdiction to entertain further direct appeals from the same conviction.
- Court warns against future direct appeals from 2001 judgment and invokes inherent powers to sanction bad-faith abuse of process.
- Court ultimately dismisses the current appeal for want of jurisdiction and admonishes McDonald to refrain from such filings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction to hear a second direct appeal from the same conviction | McDonald | Court lacks jurisdiction | No jurisdiction; appeal dismissed for want of jurisdiction |
| Whether McDonald's repeated filings constitute bad-faith abuse of the judicial process | McDonald | Abuse of process warranting sanctions | Bad-faith abuse; admonition and potential sanctions under inherent power warranted |
| Role of court's inherent powers in controlling its docket and sanctioning improper filings | McDonald | Inherent powers justify controlling filings | Court may sanction and restrict future filings to preserve docket integrity |
Key Cases Cited
- Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998) (inherent authority to control docket and sanction abuse of process)
- State v. Johnson, 821 S.W.2d 609 (Tex. Crim. App. 1991) (inherent power and scope of judicial authority)
- Eichelberger v. Eichelberger, 582 S.W.2d 395 (Tex. 1979) (principles of judicial power and constitutional duties)
- Kutch v. Del Mar College, 831 S.W.2d 506 (Tex. App.—Corpus Christi 1992) (court’s inherent power to sanction bad-faith filings)