Loynachan, Samson M.
PD-0852-15
| Tex. App. | Sep 23, 2015Background
- Loynachan was convicted of murder and sentenced to life in prison.
- He sought access to the appellate record to prepare a postconviction habeas corpus application.
- The district court denied his motions for temporary transfer of the appellate record.
- He filed a notice of appeal with the 2nd Court of Appeals challenging those denials.
- The 2nd Court of Appeals dismissed Loynachan’s appeal for want of jurisdiction.
- The Texas Court of Criminal Appeals granted discretionary review to address whether constitutional rights invoke appellate jurisdiction in Texas Courts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do constitutional rights invoke appellate jurisdiction in Texas Courts? | Loynachan contends rights under Tex. Const. Art. I §§12, 13, 19 and U.S. Const. Amends. V, XIV invoke jurisdiction. | State argues jurisdiction is limited to what statutes authorize; constitutional rights do not automatically grant jurisdiction. | No; the court dismissed for lack of jurisdiction. |
Key Cases Cited
- Self v. State, 122 S.W.3d 294 (Tex. App.—Eastland 2003) (dismissing appeal for want of jurisdiction when no direct appeal)
- Abbott v. State, 271 S.W.3d 694 (Tex. Crim. App. 2008) (jurisdiction determined by authorized appeals, not by pre-existing rights)
- McKown v. State, 915 S.W.2d 160 (Tex. App.—Fort Worth 1996) (appellate jurisdiction is provided by law)