Ex Parte: Yesenia Sesms v. State
05-17-00143-CR
Tex. App.Jul 21, 2017Background
- Yesenia Sesms was arrested in Texas on an extradition warrant from Kansas charging first-degree murder, kidnapping, and aggravated interference with parental custody.
- Sesms filed a habeas corpus application (Jan 17, 2017) challenging extradition, asserting she had not been adjudged guilty in Kansas and her identity had not been affirmatively linked to the person sought.
- Sesms waived a district-court hearing and the case was referred to a magistrate judge by order of the district court (Jan 26, 2017).
- After a hearing, the magistrate orally denied the writ, announced he would sign the State’s proposed findings and recommendations, and signed an order denying the writ the same day.
- The clerk’s record contains the magistrate’s hearing and order but no separate written adoption by the referring district judge.
- Sesms appealed the denial, arguing the magistrate’s oral recommendation could not be effective without written findings the district judge had adopted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether magistrate actions are binding absent written findings and express adoption by the referring district judge | Sesms: Magistrate’s oral recommendation and unsigned findings are not binding because a judge must adopt magistrate actions in writing; lack of written findings means no adoption occurred, so remand required | State/District Court: Magistrate conducted hearing, issued and signed order denying the writ; absent record affirmatively showing the district judge failed to review/adopt, the magistrate’s action is presumed adopted | Court affirmed: Presumption of regularity applies; record does not affirmatively show district judge failed to adopt magistrate’s actions, so issue lacks merit |
Key Cases Cited
- Ex parte Allen, 699 S.W.2d 886 (Tex. App.—Dallas 1985) (magistrate may enter findings; written findings advisable but not required)
- Omura v. State, 730 S.W.2d 766 (Tex. App.—Dallas 1987) (magistrate actions not binding until adopted; judge must review magistrate record)
- Kelley v. State, 676 S.W.2d 104 (Tex. Crim. App. 1984) (discussing necessity of judicial adoption of magistrate actions)
- Christian v. State, 865 S.W.2d 198 (Tex. App.—Dallas 1993) (appellant bears burden to overcome presumption of regularity by showing record affirmatively that review requirements were not met)