No. 18-7203

Francisco Salazar v. Texas

Lower Court: Texas
Docketed: 2019-01-03
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: appointed-counsel civil-procedure civil-rights due-process free-record-on-appeal free-transcript in-forma-pauperis indigent standing trial-court-order
Key Terms:
AdministrativeLaw FifthAmendment DueProcess CriminalProcedure HabeasCorpus
Latest Conference: 2019-04-26 (distributed 2 times)
Question Presented (AI Summary)

Whether the trial court erred in denying Francisco Salazar's motion to proceed in forma pauperis

Question Presented (OCR Extract)

No question identified. : 5) Mr. Salazar’s family retained his current attorney to represent him.. Mr. Salazar was unable to pay for attorney’s fees. 6) Mr. Salazar has completed a Declaration in Support of Motion for Leave to Proceed in Forma Pauperis. Exhibit 5. WHEREFORE, Mr. Salazar prays that this Court permit him to proceed in forma pauperis. Respectfully submitted, —=|__> BeePTANY CARR SL Lata YO LACAYO LAW FIRM, PLLC TBN: 24067105 212 STRATFORD ST. Houston, TEXAS 77006 PHONE: (713) 504-0506 Fax: (832) 442-5033 Exhibit 1 Trial Court Order for Appointed Counsel 7 CAUSE#: 10-02-0176 LR 10-02-01780-CR 10-02-01780-CR 10-02-01780-CR FDA #: 40590 STATE OF TEXAS & IN THE Sth DISTRICT COURT & vs, : & OF ' & & MONTGOMERY COUNTY, TEXAS SALAZAR, FRANCISCO PIN: 206935 Address: 29610 MIDLAND ST MAGNOLIA, TX 77354 Phone: 832-257-6097 Offense/Degree: INDECENCY WI/CHILD SEXUAL F2 INDECENCY WICHILD SEXUAL F2 INDECENCY WI/CHILD SEXUAL F2 SEXUAL ASSAULT CHILD F2 Court Setting: Contact District Attorney or Court Immediately. ORDER APPOINTING/DENYING ATTORNEY _X__I hereby APPOINT SIMONSEN, STEPHEN to represent the defeadant in the above numbered and entitled cause in all litigation in the trial court through and including a ruling on 2 Motion for New Trial, and filing a notice of appeal, if appropriate, . unless released by written order of this Coust at an earlier date or by the Court’s appointment of appellate counsel. Attomey appointed out of rotation because he/she was previously appointed to represent the defendant. _ I hereby DENY appointment of counsel. Signed this 3rd day of SUNE, 2010. Judge, 9th DISTRICT COURT or Appointment Designee CC; SIMONSEN,STEPHEN Phone 936/760-3289 237 Exhibit 2 Trial Court Order for Appointed Counsel ORDER OF ATTORNEY APPOINTMENT A EE TTR Caurs No 41-08-08000-CR Sheriff No 20e088I6 APR 13 PH 3:39 Compleistxo §=— REESE DefendantNo 44 Appeal G Offense/Degrees 7383-INDECENCY W/CHILD SEXUAL CONTACT/ F2-Second Dagree Felony STATE OF TEXAS & 9th District Court vs é& OF FRANCISCO SALAZAR é& MONTGOMERY COUNTY, TEXAS Defendant Name FRANCISCO SALAZAR: Date of Birth oB/e7n9e71 | lll il | tl mee UT A Cell Phone Address 29810 MIDLAND 8T City, State, Zip MAGNOLIA, TX 77364 Appointed Attorney Name CELESTE BLACKBURN Phone 936-703-6000 Fax 877-800-2822 Address 933 NORTH RIVERSHIRE ORIVE, SUITE 288 City, State, Zip Conroe, TX 77304 o The above attorney is appointed to represent the defendant in the above numbered and entitled ay caustcomplatnt/case in al! litigation {n the trial court through and fecluding a ruling on a Motion for New Za Trial, and fling a notice of appeal, [ff eppropriats, unless released by written order of this Court at an earlier Gate or by the Court's appointment of appellate counsel, za Attorney appointed from the County Approved Attorney Wheel and is the next < o attorney qualified to represent the Qolestant, ®w ; OC Attorney appolated out of rotatton because of written notification from Judge. wh Attorney is curren resenting the defendant in a related matter and Is inted x under Mo ntg very Conaty' 8 ‘Approved Poltcy. “pee Court Appointed Designee Date Time BERENICE JUAN , 04/12/2016 14:85:87 ? 187 Exhibit 8 Trial Court Order for Free Reporter's Record on Appeal tat ae RECEIVED AND FILED RD aw 2 orciock_Q M, NO. 11-05-05000 ° JUL 29 2013 STATE OF TEXAS § IN THE DISTRICT CORREA Tie Gea AMICK S By MULE SORES 1, vs. § 9TH JUDICIAL DISTRIS U S FRANCISCO SALAZAR § MONTGOMERY COUNTY, TEXAS ORDER on 7/8 _ 2019 came on co be considered Francisco Salazar's Motion for Free Reportér’s Record on Appeal, and said motion is hereby whe on 139 Exhibit 4 Trial Court Order for Free Clerk’s Record on Appeal Received and E-Filed for Record 5/8/2017 4:16:43 PM Barbara Gladden Adamick District Clerk Montgomery County, Texas NO. 11-05-05000-CR (Counts I, II, and ITI) STATE OF TEXAS § IN THE DISTRICT COURT 8 vs. § 9TH JUDICIAL DISTRICT 8 FRANCISCO SALAZAR § MONTGOMERY COUNTY, TEXAS ORDER On this day came to be he

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-03-26
Brief of respondent The State of Texas in opposition filed.
2019-03-13
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
2019-03-11
Motion to extend the time to file a response from March 13, 2019 to March 27, 2019, submitted to The Clerk.
2019-02-11
Response Requested. (Due March 13, 2019)
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-22
Waiver of right of respondent The State of Texas to respond filed.
2018-12-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2019)

Attorneys

Francisco Salazar
Brittany Ann CarrollLacayo Law Firm, PLLC, Petitioner
Brittany Ann CarrollLacayo Law Firm, PLLC, Petitioner
The State of Texas
William J. Delmore IIIMontgomery County District Attorney's Office, Respondent
William J. Delmore IIIMontgomery County District Attorney's Office, Respondent