Ralph O. Douglas v. William Turner
441 S.W.3d 337
| Tex. App. | 2013Background
- Douglas, a prison inmate, appeals the trial court’s dismissal with prejudice and vexatious-litigant designation and a statewide prefiling order.
- An affidavit of indigence was filed with Douglas’s notice of appeal on the same day.
- Chapter 14, effective January 1, 2012, applies to inmate actions in appellate courts, including appeals, requiring filing of an affidavit of previous filings.
- Chapter 14 also requires a certified copy of the inmate’s trust account statement detailing six months of activity.
- The trial court may dismiss an inmate action for noncompliance without notice or hearing, treating it as frivolous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Chapter 14 applicable to inmate appeals? | Douglas contends Chapter 14 applies to his appeal. | Turner argues Chapter 14 applies to appellate actions as well as trials. | Chapter 14 applies to inmate appeals. |
| Does failure to file the Chapter 14 affidavit and trust account justify dismissal? | Douglas argues noncompliance should not bar the appeal. | Turner asserts noncompliance justifies dismissal without notice as frivolous. | Failure to file required Chapter 14 materials supports dismissal as frivolous. |
Key Cases Cited
- Amir-Sharif v. Mason, 243 S.W.3d 854 (Tex. App.—Dallas 2008) (affidavit/trust-account requirements; consequence to noncompliance)
- Bell v. Tex. Dep't of Criminal Justice, 962 S.W.2d 156 (Tex. App.—Houston [14th Dist.] 1998) (inmate litigation requirements; dismissal consequences)
- Jackson v. Tex. Dep't of Criminal Justice, 28 S.W.3d 811 (Tex. App.—Corpus Christi 2000) (reviewing inmate affidavits and related dismissal standards)
- Thompson v. Rodriguez, 99 S.W.3d 328 (Tex. App.—Texarkana 2003) (inmate filing requirements and dismissal without notice)